EXCHANGE 


SCHOOL  LAWS  OF  IOWA 


FROM  THE  CODE  OF  1873, 


AS  AMENDED  BY  THE  FIFTEENTH,  SIXTEENTH,  SEVENTEENTH,  EIGH- 
TEENTH, NINETEENTH,   TWENTIETH,  TWENTY-FIRST  AND 
TWENTY-SECOND  GENERAL  ASSEMBLIES, 


WITH 


NOTES  AND  FORMS, 


FOR 


THE  USE  AND  GOVERNMENT  OF  SCHOOL  OFFICERS. 


EZDXTXON"  O^  1SSS. 


SiLBIN, 

SUPERINTENDENT    OF   VTJBLIC 


DES  MOINES: 

GEO.    E.    ROBERTS,    STATE   PRINTER. 

1883. 


When  any  school  officer  is  superseded  by  election  or  other- 
wise, he  shall  immediately  deliver  to  his  successor  in  office,  all 
books,  papers,  and  moneys  pertaining  to  his  office,  taking  a 
receipt  therefor;  and  every  such  officer  who  shall  refuse  to  do 
so,  or  who  shall  willfully  mutilate  or  destroy  any  such  books  or 
papers,  or  any  part  thereof,  or  shall  misapply  any  moneys  en- 
trusted to  him  by  virtue  of  his  office,  shall  be  liable  to  the 
provisions  of  the  general  statutes  for  the  punishment  of  such 

offense.— SECTION  1791,  CODE. 


PREFACE. 


Section  1579,  Code,  as  amended,  authorizes  the  superintendent  of 
public  instruction  to  publish  the  school  laws  of  the  State,  together 
with  all  amendments  thereto,  immediately  upon  the  adjournment  of 
«very  alternate  general  assembly. 

As  the  use  of  former  editions  will  only  confuse  and  mislead,  and 
since  every  school  officer  and  member  of  a  board  is  now  entitled  to 
receive  a  copy  of  this  law,  it  is  earnestly  advised  that  all  old  laws  be 
laid  aside.  A  revision  may  not  be  published  for  many  years,  hence 
the  necessity  of  preserving  every  copy  of  this  edition. 

The  explanatory  notes  have  been  carefully  revised  and  condensed, 
and  at  the  same  time  extended  to  include  a  larger  number  of  partic- 
ulars. References  are  given  as  fully  as  brevity  will  allow.  It  is  ap- 
parent that  only  the  leading  features  of  the  law  may  be  included  in 
these  notes.  In  special  cases,  the  general  authorities  on  the  subject 
regarding  which  information  is  sought,  must  be  examined. 

In  the  notes,  reference  is  often  made  to  the  reports  of  our  supreme 
court.  These  may  be  consulted  at  the  court  house  in  each  county  seat. 
A  reference  to  S.  L.  Decisions  meais  the  decisions  in  appeal  cases, 
a  copy  of  which  is  furnished  for  the  secretary  of  every  board.  We 
have  aimed  to  simplify  and  improve  the  forms,  and  make  them  of 
added  value  to  every  school  officer.  A  table  of  contents,  by  subjects, 
will  be  found  after  the  body  of  laws,  just  preceding  the  forms. 

The  complex  forms  of  districts  under  our  present  law,  with  the 
conflicting  enactments  accompanying  such  an  unsystematic  organiza- 


PKEFACE. 


tioD,  make  our  school  laws  difficult  of  comprehension,  and  in  many 
cases  really  contradictory. 

Though  this  revision  does  not  differ  greatly  from  those  preceding, 
it  is  believed  that  it  will  well  repay  careful  study  and  frequent  refer- 
ence, and  thereby  assist  in  promoting  harmony  and  efficiency  in  the 
administration  of  our  system  of  free  schools. 

The  work  of  arranging  the  law  and  revising  the  notes,  as  well  as  of 
compiling  the  decisions,  has  fallen  very  largely  upon  my  deputy,  Mr. 
Ira  C.  Kling.  He  has  been  ably  assisted  by  my  secretary,  Mrs.  A.  B» 
Billington,  and  1  desire  to  acknowledge  in  this  connection  the  value 
of  their  services. 

HENRY  SABIN, 
Superintendent  of  Public  Instruction* 

DBS  MOINKS,  IOWA,  June  1,  1888. 


SCHOOL  LAWS  OF  IOWA 


FROM  THE  CODE  AS  AMENDED  BY  THE  FIFTEENTH,  SIXTEENTH, 
SEVENTEENTH,  EIGHTEENTH,  NINETEENTH,  TWENTIETH,  TWENTY- 
FIRST  AND  TWENTY-SECOND  GENERAL  ASSEMBLIES. 

SUPEBINTENDENT   OF   PUBLIC   INSTRUCTION. 

SECTION  1577.  The  superintendent  of  public  instruction  shall  be 
charged  with  the  general  supervision  of  all  the  county  superintend- 
ents and  all  the  common  schools  of  the  state.  He  may  meet  county 
superintendents  in  convention  at  such  points  in  the  state  as  he  may 
deem  most  suitable  for  the  purpose,  and  by  explanation  and  discus- 
sion endeavor  to  secure  a  more  uniform  and  efficient  administration 
of  the  school  laws.  He  shall  attend  teachers'  institutes  in  the  several 
counties  of  the  state  as  far  as  may  be  consistent  with  the  discharge 
of  other  duties  imposed  by  law,  and  assist  by  lecture  or  otherwise  in 
their  instruction  and  management.  He  shall  render  a  written  opin- 
ion to  any  school  officer  asking  it,  touching  the  exposition  or  admin- 
istration of  any  school  law,  and  shall  determine  all  cases  appealed 
from  the  decision  of  county  superintendents. 

SEC.  1578.  An  office  shall  be  provided  for  him  at  the  seat  of  gov- 
ernment, in  which  he  shall  file  all  papers,  reports,  and  public  documents 
transmitted  to  him  by  the  county  superintendents,  each  year  separ- 
ately, and  hold  the  same  in  readiness  to  be  exhibited  to  the  governor, 
or  to  a  committee  of  either  house  of  the  general  assembly,  at  any 
time  when  required ;  and  he  shall  keep  a  fair  record  of  all  matters 
pertaining  to  his  office. 

SEC.  1579.  (As  amended  by  Chap.  150,  Laws  of  1880,  and  Chap. 
-59,  Laws  of  1888.)  After  the  adjournment  of  the  eighteenth  general 
assembly,  and  every  four  years  thereafter,  if  deemed  necessary,  he 
may  cause  to  be  printed  and  bound  in  cloth  the  school  laws  and  all 


g  SCHOOL  LAWS  OF  IOWA. 

amendments  thereto,  with  such  notes,  rulings,  forms  and  decisions 
as  may  seem  of  value  to  aid  school  officers  in  the  proper  discharge  of 
their  duties.  Appropriate  reference  shall  be  made  to  the  previous- 
law  that  has  been  amended  or  changed,  so  as  clearly  to  indicate  the 
effect  of  such  amendments  or  changes.  He  shall  send  to  each  county 
superintendent  a  number  of  copies  sufficient  to  supply  each  school 
district  in  his  county  with  one  copy  of  such  school  laws,  with  decis- 
ions. He  shall  also  cause  to  be  printed  and  bound  in  paper  covers 
the  school  laws,  with  notes  and  with  forms  necessary  to  be  used  in 
carrying  out  the  school  laws;  provided,  that  he  shall  furnish  each  of 
the  members  of  the  boards  of  directors  with  one  copy  of  the  laws- 
bound  in  paper  covers,  which  shall  be  turned  over  to  their  successors 
in  office.  After  such  sessions  of  the  general  assembly  as  the  state 
superintendent  shall  not  deem  it  necessary  to  publish  the  laws  as  pro- 
vided for  in  this  section,  he  shall  cause  to  be  published  in  pamphlet 
form  all  the  amendments  to  the  school  laws  passed  by  such  general 
assembly,  in  sufficient  numbers  to  supply  each  of  the  county  super- 
intendents and  school  officers  of  the  state  with  one  copy  free  of 
charge,  which  said  amendments  shall  be  sent  to  the  several  county 
superintendents  for  distribution. 

SEC.  1580.     (Repealed  by  Chap.102,  Laws  of  1878.) 

SEC.  1581.  He  may,  if  he  deem  it  expedient,  subscribe  for  a  suffi- 
cient number  of  copies  of  the  Iowa  School  Journal,  or  of  such  other 
educational  journal  published  in  the  state  as  he  may  select,  to  fur- 
nish each  county  superintendent  with  one  copy,  and  his  certificate  of 
having  thus  subscribed  shall  be  authority  for  the  auditor  of  state  to 
issue  his  warrant  for  the  amount  of  said  subscriptions;  provided  he 
shall  cause  to  be  inserted  in  the  journal  he  may  so  select,  a  correct 
copy  of  any  decision  he  may  deem  it  necessary  to  make  for  the  effi- 
cient carrying  out  of  the  school  law. 

SEC.  1582.  He  shall  annually,  on  the  first  day  of  January,  report 
to  the  auditor  of  state  the  number  of  persons  in  each  county  between 
the  ages  of  five  and  twenty-one  years. 

SEC.  1583.  (As  amended  by  Chap.  82,  Laws  of  1888.)  He  shall 
make  to  the  governor  a  report  which  shall  embrace,  first,  a  statement 
of  the  condition  of  the  common  schools  of  the  state;  the  number  of 
district  townships  and  subdistricts  therein;  the  number  of  teachers; 
the  number  of  schools;  the  number  of  school  houses,  and  the  value 
thereof;  the  number  of  persons  between  five  and  twenty-one  years  of 


SCHOOL  LAWS  OF  IOWA.  7 

age;  the  number  of  scholars  in  each  county  that  have  attended  school 
the  previous  year,  as  returned  by  the  several  county  superintendents; 
the  number  of  books  in  the  district  libraries;  and  the  value  of  all  ap- 
paratus in  the  schools,  and  such  other  statistical  information  as  he 
may  deem  important.  Second,  such  plans  as  he  may  have  matured 
for  the  more  perfect  organization  and  efficiency  of  common  schools. 
He  shall  cause  one  thousand  copies  of  his  report  to  be  printed,  and 
shall  present  it  to  the  general  assembly  on  the  second  day  of  its  ses- 
sion. 

SEC.  1584.  Whe*never  reasonable  assurance  shall  be  given  by  the 
county  superintendent  of  any  county  to  the  superintendent  of  public 
instruction,  that  not  less  than  twenty  teachers  desire  to  assemble  for 
the  purpose  of  holding  a  teachers'  institute  in  said  county,  to  remain 
in  session  not  less  than  six  working  days,  he  shall  appoint  the  time 
and  place  of  said  meeting  and  give  due  notice  thereof  to  the  county 
superintendent;  and  for  the  purpose  of  defraying  the  expenses  of 
said  institute,  there  is  hereby  appropriated,  out  of  any  moneys  in  the 
state  treasury  not  otherwise  appropriated,  a  sum  not  exceeding  fifty 
dollars  annually  for  one  such  institute  in  each  county  held  as  afore- 
said, which  the  said  superintendent  shall  immediately  transmit  to  the 
county  superintendent  in  whose  county  the  institute  shall  be  held, 
who  shall  therewith  defray  the  necessary  expenses  of  the  institute, 
and,  if  any  balance  remains,  he  shall  pay  the  same  into  the  county 
treasury,  and  the  same  shall  be  credited  to  the  teachers'  fund. 

STATE  UNIVERSITY. 

SECTION  1585.  The  objects  of  the  state  university,  established  by 
the  constitution,  at  Iowa  City,  shall  be  to  provide  the  best  and  most 
efficient  means  of  imparting  to  young  men  and  women  on  equal 
terms,  a  liberal  education  and  thorough  knowledge  of  the  different 
branches  of  literature,  the  arts  and  sciences,  with  their  varied  appli- 
cations. The  university,  so  far  as  practicable,  shall  begin  the  courses 
of  study  in  its  collegiate  and  scientific  departments,  at  the  points 
where  the  same  are  completed  in  high  schools;  and  no  student  shall 
be  admitted  who  has  not  previously  completed  the  elementary  stud- 
ies, in  such  branches  as  are  taught  in  the  common  schools  through- 
out the  state. 

SEC.  1586.  The  university  shall  never  be  under  the  exclusive  con- 
trol of  any  religious  denomination  whatever. 


g  SCHOOL  LAWS  OF  IOWA. 

SEC.  1587.  (As  amended  by  Chap.  147,  Laws  of  1876  and  Chap. 
181,  Laws  of  1886.)  The  university  shall  be  governed  by  a  board  of 
regents,  consisting  of  the  governor  of  the  state,  who  shall  be  presi- 
dent of  the  board  by  virtus  of  his  office,  the  superintendent  of  pub- 
lic instruction,  who  shall  be  a  member  by  virtue  of  his  office,  together 
with  one  person  from  each  congressional  district  of  the  state,  who 

shall  be  elected  by  the  general  assembly. 

******** 

SEC.  1589.  The  university  shall  include  a  collegiate,  scientific, 
normal,  law,  and  such  other  departments,  with  such  courses  of  in- 
struction and  elective  studies  as  the  board  of  regents  may  determine; 
and  the  board  shall  have  authority  to  cDnfer  such  degrees,  and  grant 
such  diplomas  and  other  marks  of  distinction  as  are  usually  conferred 

and  granted  by  other  universities. 

******** 

SEC.  1596.  The  board  of  regents  shall  enact  laws  for  the  govern- 
ment of  the  university,  and  shall  appoint  a  president  and  the  requi- 
site number  of  professors  and  tutors,  together  with  such  other  officers 
as  they  may  deem  expedient,  and  shall  determine  the  salaries  of  such 
officers,  the  compensation  of  the  secretary  and  treasurer,  and  the 
amount  of  fees  to  be  paid  for  tuition.  They  shall  remove  any  officer 
connected  with  the  university,  when,  in  their  j  udgment,  the  good  of 
the  institution  requires  it. 

SEC.  1597.  The  board  of  regents  is  authorized  to  expend  such  por- 
tion of  the  income  of  the  university  fund  as  it  may  deem  expedient, 
in  the  purchase  of  apparatus,  library,  and  a  cabinet  of  natural  history, 
in  providing  suitable  means  to  keep  and  preserve  the  same,  and  in 
procuring  all  other  necessary  facilities  for  giving  instruction. 

SEC.  1598.  All  specimens  of  natural  history  and  geological  and 
mineralogical  specimens,  which  are  or  hereafter  may  be  collected  by 
the  state  geologist  of  Iowa,  or  by  any  others  appointed  by  the  state 
to  investigate  its  natural  history  and  physical  resources,  shall  belong 
to  and  be  the  property  of  the  state  university,  and  shall  form  a  part 
of  its  cabinet  of  natural  history,  which  shall  be  under  the  charge  of 

the  professor  of  that  department. 

******** 

SEC.  1600.  The  president  of  the  university  shall  make  a  report  on 
the  fifteenth  day  of  September  preceding  the  meeting  of  the  general 
assembly,  to  the  board  of  regents,  which  shall  exhibit  the  condition 
and  progress  of  the  institution  in  its  several  departments,  the  differ- 


SCHOOL  LAWS  OF  IOWA.  9 

ent  courses  of  study  pursued  therein,  the  branches  taught,  the  means 
and  methods  of  instruction  adopted,  the  number  of  students,  with 
their  names,  classes,  and  residences,  and  such  other  matters  as  he 
may  deem  proper  to  communicate. 

SEC.  1601.  (As  amended  by  Chap.  82,  Laws  of  1888  )  The  board 
of  regents  shall,  on  the  first  day  of  October  preceding  each  regular 
meeting  of  the  general  assembly,  make  a  report  to  the  superintend- 
ent of  public  instruction,  which  report,  with  that  of  the  president  of 
the  university,  shall  be  embodied  in  the  said  superintendent's  report 
to  the  governor.  The  report  of  the  board  of  regents  shall  contain 
the  number  of  professors,  tutors,  and  other  officers,  with  the  compen- 
sation of  each,  the  condition  of  the  university  fund,  and  the  income 
received  therefrom,  the  amount  of  expenditures,  and  the  items 
thereof,  with  such  other  information  and  recommendations  as  they 
may  deem  expedient  to  lay  before  the  general  assembly. 

COUNTY   HIGH     SCHOOLS. 

SECTION  1697.  Eich  county  having  a  population  of  two  thousand 
inhabitants  or  over,  as  shown  by  the  last  state  or  federal  census,  may 
establish  a  high  school  on  the  conditions  and  in  the  manner  herein- 
after prescribed,  for  the  purpose  of  affording  better  educational  fa- 
cilities for  pupils  more  advanced  than  those  attending  district  schools, 
and  for  persons  desiring  to  tit  themselves  for  the  vocation  of  teach- 
ing. 

SEC.  1698.  When  one-third  of  the  electors  of  a  county,  as  shown 
by  the  returns  of  the  last  preceding  election,  shall  petition  the  board 
of  supervisors  requesting  that  a  county  high  school  be  established  in 
their  county  at  the  place  in  said  petition  named,  then,  or  when  said 
board  in  its  discretion  shall  deem  proper,  said  board  shall  give  twenty 
days'  notice  previous  to  the  next  general  election,  or  previous  to  a 
special  election  duly  called  for  that  purpose,  that  they  will  submit 
the  question  to  the  electors  of  said  county  whether  such  high  school 
shall  be  established;  at  which  election  said  electors  shall  vote  by 
ballot,  for  or  against  establishing  such  county  high  school.  The  no- 
tice contemplated  in  this  section  shall  be  given  through  one  or  more 
newspapers  published  in  said  county,  if  any  ba  published  therein,  and 
by  at  least  one  written  or  printed  notice  to  be  posted  in  each  town- 
ship. 

SEC.  1699.     After  said  election,  the  ballots  on  said  question  shall 


}Q  SCHOOL  LAWS  OF  IOWA. 

be  canvassed  in  the  same  manner  as  in  the  election  for  county  offi- 
cers; and  if  a  majority  of  all  the  votes  cast  on  said  question  shall  be 
in  favor  of  establishing  said  school,  the  board  of  supervisors  shall 
immediately  proceed  to  appoinj;  six  persons,  who  shall  be  residents  of 
the  county,  but  not  more  than  two  of  whom  shall  be  residents  of  the 
same  township,  who  shall,  with  the  county  superintendent  of  com- 
mon schools,  constitute  a  board  of  trustees  for  said  high  school. 
E  ich  of  said  trustees  appointed  as  aforesaid  shall  hold  his  office  un- 
til his  successor  is  elected  and  qualified,  and  shall  be  required, 
within  ten  days  after  appointment,  to  qualify  by  taking  the  oath  of 
office,  and  giving  such  bond  as  may  be  required  by  the  said  board  of 
supervisors  for  the  faithful  discharge  of  his  duties. 

SEC.  1700.  At  the  next  general  election  after  said  appointment, 
there  shall  be  elected  in  said  county  six  high  school  trustees,  who 
shall  be  divided  into  three  classes  of  two  each;  each  class  to  hold 
their  office  one,  two,  and  three  years,  respectively,  and  their  respect- 
ive terms  to  be  decided  by  lot.  And  each  year  thereafter  there  shall 
be  two  such  trustees  elected  to  succeed  those  whose  term  is  about  to 
expire.  And  said  trustees  shall  qualify  and  enter  upon  the  duties  of 
their  office  in  the  same  manner  and  at  the  same  time  as  other  county 
officers. 

SEC.  1701.  The  county  superintendent  shall,  by  virtue  of  his 
office,  be  president  of  said  board  of  trustees,  and  at  the  first  meeting 
in  each  year  they  shall  appoint  from  their  own  number  a  secretary 
and  treasurer,  who  shall  perform  the  usual  duties  devolving  upon 
such  officers  for  the  term  of  one  year,  or  until  their  successors  are 
appointed  to  take  their  places. 

SEC.  1702.  At  said  meeting,  or  at  some  succeeding  meeting  called 
for  such  purpose,  said  trustees  shall  make  an  estimate  of  the  amount 
of  funds  needed  for  building  purposes,  for  payment  of  teachers' 
wage?,  and  for  contingent  expenses,  and  they  shall  present  to  the 
board  of  supervisors  a  certified  estimate  of  the  rate  of  tax  required 
to  raise  the  amount  desired  for  such  purposes.  But  in  no  case  shall 
the  tax  for  such  purposes  exceed  in  one  year  the  amount  of  five  mills 
on  the  dollar  on  the  taxable  property  of  the  couity,  and,  when  the 
tax  is  levied  for  the  payment  of  teachers'  wages  and  contingent  ex- 
penses only,  shall  not  exceed  two  mills  on  the  dollar. 

SEC.  1703.  The  said  tax  shall  be  levied  and  collected  in  the  same 
manner  as  other  county  taxes,  and  when  collected  the  county  treas- 
urer shall  pay  the  same  to  the  treasurer  of  the  county  high  school,  in 


SCHOOL  LAWS  OF  IOWA.  ]_]_ 

the  same  manner  that  school  funds  are  paid  to  the  district  treasurers 
as  required  by  law. 

SEC.  1704.  The  said  treasurer  of  the  high  school  shall  give  such 
additional  bond  as  the  board  of  trustees  may  deem  sufficient,  and  re- 
ceive all  moneys  from  the  county  treasurer,  and  from  other  parties, 
that  belong  to  the  funds  of  said  school,  and  pay  the  same  out  only  by 
direction  of  the  board  of  trustees,  upon  orders  duly  executed  by  the 
president,  countersigned  by  the  secretary  thereof,  stating  the  purpose 
for  which  they  were  drawn.  Both  the  secretary  and  treasurer  shall 
keep  an  accurate  account  of  all  moneys  received  and  expended  for 
said  school;  and  at  the  close  of  each  year,  and  as  much  oftener  as 
required  by  the  board,  they  shall  make  a  full  statement  of  the  finan- 
cial affairs  of  the  school. 

SEC.  1705.  The  said  board  of  trustees  shall  proceed  as  soon  as 
practicable  after  their  appointment  as  aforesaid,  to  select  the  best 
site,  in  accordance  with  the  vote  of  the  county,  that  can  be  obtained 
without  expense  to  the  same,  and  the  title  thereof  shall  be  vested  in 
said  county.  They  shall  then  proceed  to  make  such  purchases  of  ma- 
terial, and  to  let  such  contracts  for  their  necessary  school  buildings, 
as  they  may  deem  proper,  but  shall  not  make  any  purchase  or  con- 
tract in  any  year  to  exceed  the  amount  on  hand,  and  to  be  raised  by 
the  levy  of  tax  that  year. 

SEC.  1706.  When  said  board  of  trustees  shall  have  furnished  a 
suitable  building  for  the  school,  they  shall  employ  some  competent 
teacher  to  take  charge  of  the  same,  and  furnish  such  assistant  teachers 
as  they  deem  necessary,  and  provide  for  the  payment  of  their  salaries. 
A?  far  as  practicable  model  schools  shall  be  encouraged;  and  advanced 
students,  and  those  preparing  to  become  teachers,  may  be  employed 
a  portion  of  their  time  in  teaching  the  younger  pupils,  in  order  that 
they  may  become  familiar  with  the  practice  as  well  as  theory  of  suc- 
cessful school  teaching,  and  also  avoid,  as  far  as  practicable,  the  ex- 
pense of  employing  other  assistant  teachers. 

SEC.  1707.  Tuition  shall  be  free  to  all  pupils  of  such  school  resid- 
ing in  the  county  where  the  same  is  located.  The  board  of  trustees, 
however,  shall  make  such  general  rules  and  regulations  as  they  deem 
proper  in  regard  to  age  and  grade  of  attainments  essential  to  entitle 
pupils  to  admission  in  the  school.  If  there  should  be  more  applicants 
than  can  be  accommodated  at  any  time,  each  district  shall  be  entitled 
to  send  its  equal  proportion  of  pupilp,  according  to  the  number  of 
pupils  it  may  have,  as  shown  by  the  last  report  to  the  county  super- 


12  SCHOOL  LAWS  OF  IOWA. 

intendent  of  common  schools.  And  the  boards  of  the  respective 
school  districts  shall  designate  such  pupils  as  may  attend. 

SEC.  1708.  If,  at  any  time,  the  school  can  accommodate  more  pupils 
than  apply  for  admission  from  that  county,  the  vacancies  may  be 
filled  by  applicants  from  other  counties,  upon  the  payment  of  such 
tuition  as  the  board  of  trustees  may  prescribe;  but  at  no  time  shall 
such  pupils  continue  in  said  school  to  the  exclusion  of  pupils  belong- 
ing in  the  county  in  which  such  high  school  is  situated. 

SEC.  1709.  The  principal  of  any  such  high  school,  with  the  ap- 
proval of  the  board  of  trustees,  shall  make  such  rules  and  regulations 
as  he  deems  proper  in  regard  to  the  studies,  conduct  and  government 
of  the  pupils  under  his  charge,  and  if  any  such  pupils  will  not  con- 
form to  and  obey  the  rules  of  the  school  they  may  be  suspended  or 
expelled  therefrom  by  the  board  of  trustees. 

SEC.  1710.  The  said  board  of  trustees  shall  annually  make  a  re- 
port to  the  board  of  supervisors  of  their  county,  which  shall  specify 
the  number  of  students,  both  male  and  female,  who  have  been  in 
attendance  at  the  county  high  school  during  the  year,  the  branches  of 
learning  taught,  the  text-books  used,  the  number  of  teachers  em- 
ployed, the  amount  of  salary  paid  to  them,  the  amount  expended  for 
library  and  apparatus,  and  for  buildings  and  all  other  expenses;  also, 
the  amount  of  funds  on  hand,  debts  unpaid,  and  other  information 
deemed  important  or  expedient  to  report.  Said  report  shall  be 
printed  in  at  least  one  newspaper  in  the  county,  if  any  is  published 
therein,  and  a  copy  of  the  report  shall  be  forwarded  to  the  state 
superintendent  of  public  instruction. 

SEC.  1711.  The  board  of  supervisors  shall  have  power  to  fill  any 
vacancy  that  may  occur  in  the  board  of  trustees  of  that  county,  by 
appointment,  until  the  next  general  election,  and  a  majority  of  such 
board  of  trustees  shall  be  a  quorum  for  the  transaction  of  business. 

SEC.  1712.  The  board  of  supervisors  may  allow  each  member  of 
the  board  of  trustees  the  sum  of  two  dollars  per  day  for  the  time 
actually  employed  in  the  discharge  of  his  'official  duties,  and  when 
such  accounts  are  presented  for  payment  they  shall  be  audited  and 
paid  out  of  the  county  treasury,  in  the  same  manner  as  other  accounts 
against  the  county,  and  said  trustees  shall  not  be  entitled  to  any 
further  remuneration  for  services  or  expenses. 


SCHOOL  LAWS  OF  IOWA. 


SCHOOL   DISTRICTS. 


13 


SECTION  1713.  Each  civil  township  now  or  hereafter  organized, 
and  each  independent  school  district  organized  as  such  prior  to  the 
taking  effect  of  this  code,  is  hereby  declared  a  school  district  for  all 
the  purposes  of  this  chapter,  subject  to  the  provisions  hereinafter 
made. 

SEC.  17 14.  When  an  organized  district  has  been  left  without  offi- 
cers, the  township  trustees  shall  give  such  notice  for  a  special  elec- 
tion of  directors  as  is  required  in  cases  of  regular  district  elections; 
and  the  persons  elected  shall  continue  in  office  until  their  successors 
are  duly  elected  and  qualified. 

SEC.  1715.  When  changes  in  civil  township  boundaries  are  made, 
or  any  district  shall  be  divided  into  two  or  more  entire  townships  for 
civil  purposes,  the  existing  board  of  directors  shall  continue  to  act 
for  both  or  all  the  new  districts,  or  parts  of  districts,  until  the  next 
regular  district  election  thereafter,  at  which  time  the  new  district 
township  shall  organize  by  the  election  of  directors.  The  respective 
boards  of  directors  shall,  immediately  after  such  organization,  make 
an  equitable  division  of  the  then  existing  assets  and  liabilities 
between  the  old  and  new  districts;  and  in  case  of  a  failure  to  agree, 

SEC.  1713.  The  design  of  the  law  is  that  civil  and  district  township  boun- 
daries shall  coincide.  When  new  civil  townships  are  formed,  the  corres- 
ponding changes  in  district  township  boundaries  take  effect  at  the  next  sub- 
district  election.  Sections  1715  and  1796. 

SEC.  1714.  (a)  In  case  the  board  is  reduced  below  a  quorum,  by  resigna- 
tion or  otherwise,  the  township  trustees  call  a  special  election  to  fill  the 
vacancies.  The  ballots  in  such  election,  in  independent  districts,  should  in- 
dicate in  whose  place  the  person  voted  for  shall  serve. 

(b)  In  independent  districts  five  notices  shall  be  posted,  as  provided  in 
sections  1742  and  1801;  in  district  townships  three  notices  are  required  in 
each  subdistrict,  as  provided  in  section  1718.  Note  (6)  to  form  2. 

SEC.  1715.  (a)  New  district  townships  are  not  organized  until  the  first 
Monday  in  March  after  the  election  of  officers  of  the  civil  townships. 

(b)  When  subdistricts  are  divided  by  changes  in  civil  township  bounda- 
ries, the  boards  should  incorporate  the  several  parts  with  other  subdistricts, 
or  otherwise  provide  for  such  territory,  so  that  all  electors  may  vote  at  the 
following  subdistrict  election;  in  the  absence  of  such  action  the  territory 
properly  belongs  to  the  subdistrict  which  it  adjoins,  and  the  electors  are  en- 
titled to  vote  therein. 

(c)  The  boundaries  of  subdistricts  lying  wholly  within  the  old  or  new  dis- 
tricts, are  not  affected  by  the  division  of  civil  townships. 


14  SCHOOL  LAWS  OF  IOWA. 

the  matter  be  may  decided  by  arbitrators,  chosen  by  the  parties  in 
interest.  A  similar  division  shall  be  made  in  case  of  the  formation 
or  changes  of  boundaries  of  independent  districts. 

SEC.  1716.  5 very  school  district  which  is  now,  or  may  hereafter 
be  organized,  is  hereby  made  a  body  corporate  by  the  name  of  the 
"district  township,"  or  " independent  district"  (as  the  case  may  be), 

(d)  Five  days  before  the  time  for  the  regular  subdistrict  election,  first 
Monday  in  March,  written  notices  should  be  posted  in  three  public  places  in 
each  subdistrict,  in  both  the  old  and  new  townships,  by  the  resident  subdi- 
rector;  where  there  is  no  subdirector,  by  the  secretary.   Form  2,  and  notes. 

(e)  Assets  include  school- houses,  sites  and  all  other  property  and  moneys 
belonging  to  the  district.    Liabilities  include  all  debts  for  which  the  district 
in  its  corporate  capacity  is  liable.    In  determining  the  assets,  school  prop- 
erty should  be  estimated  at  its  present  cash  value. 

(/)  Each  fund  should  be  divided  separately  between  the  districts,  in  pro- 
portion to  the  last  assessed  value  of  the  property,  real  and  personal.  Any 
portion  of  the  teachers'  fund,  however,  derived  from  the  semi  annual  appor- 
tionment, should  be  divided  in  proportion  to  the  number  of  poisons  between 
the  ages  of  five  and  twenty-one  years,  according  to  the  last  enumeration. 

(g)  School-houses  will  usually  become  the  property  of  the  district  in  which 
they  are  situated.  If  their  value  exceeds  the  amount  justly  due  the  district, 
and  there  is  not  sufficient  school-house  fund  on  hand  to  equalize  the  divis- 
ion, the  board  should  fix  the  amount  each  district  should  receive  or  pay. 

(h)  An  equitable  arrangement  mutually  satisfactory  to  the  parties  in  in- 
terest will  be  in  accordance  with  the]  intent  of  the  law.  Any  agreement 
should  be  reduced  to  writing,  and  entered  in  the  records  of  each  district. 

(i)  The  districts,  after  the  division,  which  do  not  receive  their  just  pro- 
portion of  school-house  property,  have  a  claim  against  those  that  do  obtain 
more  than  their  due  share.  The  last  named  are  indebted  to  the  first  in  the 
difference.  36  Iowa,  216. 

( J)  A  simple  and  just  method  to  dispose  of  unpaid  and  delinquent  taxes, 
also  of  all  funds  in  the  hands  of  the  county  treasurer,  and  not  available, 
section  1785,  is  to  direct  the  payment  of  these  funds  in  such  manner  that 
taxes  derived  from  any  part  of  the  territory  shall  be  paid  to  the  district  to 
which  such  territory  will  then  belong. 

(fc)  If  money  is  received  by  one  which  belongs  to  another,  the  rule  is  a 
general  one  that  the  law  implies  a  promise  on  the  part  of  the  receiver  to  pay 
it  over.  Based  upon  this  promise  an  action  may  be  maintained  for 
its  recovery.  And  this  rule  applies  to  corporations  as  to  individuals.  11 
Iowa,  506. 

SEC.  1716.  (a)  In  suits,  contracts,  and  conveyances,  the  corporate  name 
should  be  strictly  observed. 

(6)  A  subdistrict  is  not  a  corporation,  and  hence  can  neither  hold  prop- 
erty nor  perform  any  corporate  act. 


SCHOOL  LAWS  OF  IOWA.  15 

of ,  in  the  county  of , 

and  in  that  name  may  hold  property,  become  a  party  to  suits  and  con- 
tracts, and  do  other  corporate  acts. 

.DISTRICT    TOWNSHIP   MEETING. 

SECTION  1717.  (As  amended  by  Chap.  51,  Laws  of  1882.)  Each 
district  township  shall  hold  an  annual  meeting  on  the  second  Monday 
in  March,  and  the  electors  of  the  district,  when  legally  assembled  at 
such  meeting,  shall  have  the  following  powers: 

1.  To  appoint  a  chairman  and  secretary  in  the  absence  of  the  reg- 
ular officers; 

2.  To  direct  the  sale  or  other  disposition  to  be  made  of  any  school- 
house,  or  the  site  thereof,  and  of  such  other  property,  personal  and 
real,  as  may  belong  to  the  district;  to  direct  the  manner  in  which  the 
proceeds  arising  therefrom  shall  be  applied;  to  determine  what  addi- 
tional branches  shall  be  taught  in  the  schools  of  the  district;  or  to 
delegate  any  of  these  powers  to  the  board  of  directors;  and  to  author- 

SEC.  1717.  (a)  District  townships  are  authorized  to  hold  only  one  meet- 
ting  in  each  year,  except  as  provided  by  section  17171  The  meeting  cannot 
be  adjourned  to  another  day. 

(6)  Ten  days'  previous  notice  of  this  meeting  should  be  given  by  the  dis- 
trict township  secretary,  section  1742,  but  as  the  law  fixes  the  day  of  the 
meeting  of  the  electors  of  the  district  township,  and  also  of  the  subdistrict, 
a  failure  to  give  full  notice,  or  any  notice  at  all,  though  a  violation  of  law, 
will  not  invalidate  the  proceedings  of  the  meeting,  if  one  is  held  at  the 
usual  time  and  place.  10  Iowa,  212. 

(c)  The  president  and  secretary  are  the  regular  officers  of  this  meeting, 
and  should  act  as  such  if  present.    Sections  1739  and  1741. 

(d)  School-houses  cannot  tre  sold  without  a  previous  vote  of  the  electors, 
but  their  action  in  voting  a  tax  for  the  erection  of  a  new  school-house  on 
the  old  site  givea  the  board  authority  to  remove  or  dispose  of  the  old  house. 

(e)  The  electors  have  no  authority  to  instruct  the  board  to  loan  money  be- 
longing to  the  district,  nor  to  order  money  invested  in  government  bonds. 

(/)  If  the  district  township  meeting  direct  that  any  additional  branches 
shall  be  taught  in  one  or  all  of  the  schools  in  the  district  township,  their 
action  is  mandatory,  and  the  board  are  bound  to  endeavor  in  good  faith  to 
fulfill  the  wishes  of  the  electors. 

(g)  All  school-house  taxes  must  be  voted  by  the  electors  of  the  subdis- 
trict,  or  district  township;  this  power  cannot  be  delegated  to  the  board. 

(h)  The  specific  sum  of  money  deemed  necessary,  and  not  a  certain  num- 
ber of  mills  on  the  dollar,  should  be  voted,  except  when  a  district  lies  in 


16  SCHOOL  LAWS  OF  IOWA. 

ize  the  board  of  directors  to  obtain  at  the  expense  of  the  district  town- 
ship, such  highways  as  such  board  may  deem  necessary  for  proper 
access  to  the  school- house  in  their  districts; 

3.  To  vote  such  tax,  not  exceeding  ten  mills  on  the  dollar  in  any 
one  year,  on  the  taxable  property  of  the  district  township,  as  the 
meeting  shall  deem  sufficient  for  the  purchase  of  grounds  and  the 
construction  of  the  necessary  school- houses,  for  the  use  of  the  district, 
and  for  the  payment  of  any  debts  contracted  for  the  erection  of 
school- houses,  and  for  procuring  district  libraries,  and  for  obtaining 
highways  for  access  to  school-houses; 

4.  To  instruct  the  board  of  directors  to  transfer  any  surplus  in  the 
school  house   fund,   not   appropriated,  to   either  the   contingent   or 
teachers'  fund. 

SEC.  1717£.  (Chap.  84,  Laws  of  1880.)  When  a  school  district, 
by  fire  or  otherwise,  has  been  deprived  of  a  school  building,  and  the 
board  of  directors  of  such  district  by  the  use  of  the  powers  in  them 
vested,  are  unable  to  provide  for  the  continuance  of  the  school 
therein;  then  such  board  of  directors  shall  call  a  meeting  of  such  dis- 
trict. 

The  manner  of  calling  such  meeting,  and  the  powers  of  such  meet- 
ing, shall  be  as  follows: 

1.  The  board  of  directors  shall  cause  to  be  posted  in  three  public 
places  in  such  district,  at  least  ten  days  prior  to  the  designated  time 

two  counties.  Chap.  67,  Laws  of  1874.    The  per  centum  necessary  to  raise 
this  sum  is  determined  by  the  board  of  supervisors.    Sections  1777  and  1780. 

(i)  The  electors  may  not  vote,  nor  the  board  appropriate,  money  to  pur- 
chase text-books  for  the  use  of  scholars. 

(j)  Money  may  be  paid  for  the  purchase t)f  a  district  library  only  when 
it  has  been  voted  for  that  purpose  by  the  electors. 

(k)  Any  other  mingling  of  funds  than  provided  for  in  subdivision  four  is 
a  violation  of  law. 

(I)  The  vote  of  the  electors  upon  any  of  the  questions  mentioned  in  this 
section,  may  be  taken  by  ballot,  or  viva  voce,  as  the  meeting  shall  direct. 
But  pains  should  be  taken  to  have  the  more  important  matters  presented  to 
the  meeting  when  the  attendance  is  largest. 

(m)  Failing  to  carry  out  Instructions  from  this  meeting,  the  board  may 
be  compelled  by  mandamus  to  show  reason  why  they  have  not  complied 
with  the  request  of  the  electors. 

(n)  Ihe  electors  frequently  assume  to  do  more  than  is  granted  them  by 
law.  They  have  only  such  powers  as  are  specifically  named  in  the  law. 


SCHOOL  LAWS  OF  IOWA.  ]_f 

of  holding  such  meeting,  written  notices  of  such  meeting,  in  which 
shall  be  stated  the  time  and  place  of  such  meeting,  and  the  object  or 
purpose  for  which  the  same  is  called. 

2.  The  powers  of  such  meeting  shall  be  the  same  as  is  prescribed 
in  section  1717  hereof,  except  those  powers  which  are  set  forth  in 
paragraph  2,  after  the  word  "  applied  "  in  the  fourth  line  thereof,  and 
in  paragraph  3,  after  the  word  "district"  in  the  fifth  line  thereof. 

SUBDISTBICT   MEETING. 

SECTION  1718.  The  several  subdistricts  shall,  annually,  on  the  first 
Monday  in  March,  hold  a  meeting  for  the  election  of  a  subdirector, 
five  days'  notice  of  which  meeting  shall  be  given  by  the  then  resident 
subdirector,  or,  if  there  is  none,  by  the  district  secretary,  posting  a 
written  notice  in  three  public  places  therein,  and  such  notice  shall 
state  the  hour  of  meeting. 

SEC.  1719.  (As  amended  by  Chap.  7,  Laws  of  1880.)  At  the  meet- 
ing of  the  subdistrict  a  chairman  and  secretary  shall  be  appointed, 
wJio  shall  act  as  judges  of  the  election,  and  give  a  certificate  of  elec- 
tion to  the  subdirector  elect.  When  there  is  a  tie  vote  between  two 
persons  for  the  office  of  subdirector  the  secretary  shall  notify  the  sec- 
retary of  the  district  township  board  of  such  tie  vote,  and  shall  notify 
said  persons  to  appear  at  the  regular  meeting  of  the  board  on  the 

SEC.  1718.  (a)  No  district  township  or  subdistrict  meeting  shall  organize 
earlier  than  9  A.  M.,  nor  adjourn  before  12  M.  Section  1789.  The  meeting 
should  not  be  called  later  than  6  p.  M.  The  law  contemplates  at  least  three 
hours  for  the  election.  Note  (c)  to  section  1789. 

(6)  Any  election  by  the  people  must  be  held  on  the  day  designated,  and 
officers  must  be  elected  by  a  single  ballot. 

(c)  If  subdistrict  boundaries  are  in  controversy  by  way  of  appeal,  the 
election  for  subdirectors  should  be  made  on  the  basis  of  the  status  of  the 
subdistricts  on  the  day  of  election. 

SEC.  1719.    (a)    The  chairman  and  secretary  are  not  required  to  qualify. 

(&)  A  person  who  acts  as  chairman  at  a  school  election  is  entitled  to  hia 
vote  as  much  as  any  other  elector. 

(c)  The  election  must  be  by  ballot.    Constitution,  article  2,  section  6. 

(d)  No  minor,  non-resident  nor  alien  can  take  part  in  a  meeting  of  elect- 
ors.   To  be  entitled  to  the  right  of  suffrage  a  person  must  be  a  male  citizen 
of  the  United  States,  twenty-one  years  of  age,  a  resident  of  the  state  six 
months  next  preceding  the  election,  and  of  the  county  sixty  days.    Consti- 
tution, article  2,  section  1.    69  Iowa,  368. 

3 


Ig  SCHOOL  LAWS  OF  IOWA. 

third  Monday  in  March  to  determine  the  tie  vote  by  Jot  before  one 
or  more  members  of  the  board  elected,  and  the  certificate  of  election 
shall  be  given  accordingly.  Should  either  party  fail  to  appear,  or 
take  part  in  the  lot,  the  secretary  shall  draw  for  him. 

SEC.  1720.  In  all  district  townships  comprising  but  one  subdistrict 
the  board  of  directors  shall  consist  of  three  subdirectors;  and  in  all 
district  townships  comprising  but  two  subdistricts  it  shall  consist  of 
one  subdirector  chosen  from  each  subdistrict  and  one  from  tire  dis- 
trict township  at  large,  who  shall  in  both  cases  be  elected  in  the  man- 
ner provided  by  law  for  the  election  of  one  subdirector  from  each 
snbdistrict.  The  judges  of  the  respective  subdistrict  elections  shall 
canvass  the  votes  for  subdirector  chosen  from  the  district  township 
at  large,  and  shall  issue  a  certificate  of  election  to  the  person  elected. 

(e)  The  person  receiving  the  greatest  number  of  votes  is  elected,  even 
though  he  has  not  received  a  majority  of  all  the  votes  cast. 

(/)    This  section  clearly  provides  how  a  tie  vote  shall  be  decided. 

(g)  The  electors  of  a  subdistrict  may,  at  their  regular  meeting  in  March, 
determine  what  amount  is  required  for  the  erection  of  a  school-house  .in 
said  subdistrict.  A  sum,  in  the  aggregate,  may  be  voted,  and  the  subdi- 
rector must  certify  the  same  to  the  next  district  township  meeting  held 
thereafter.  Section  1778.  Form  5. 

(h)  If  the  subdistrict  does  not  wish  to  have  a  tax  to  build  their  house 
levied  upon  themselves,  they  should  simply  prefer  a  request  for  a  sufficient 
amount  to  build  a  school  house  in  their  subdistrict,  not  naming  any  fixed 
sum.  Note  (c)  to  form  3. 

SEC.  1720.  (a)  Where  there  is  but  one  subdistrict  in  a  district  township 
the  subdistrict  meeting  should  be  held  at  some  central  point,  on  the  first 
Monday  in  March,  for  the  election  of  three  subdirectors,  five  days'  notice 
of  which  should  be  given  by  the  district  secretary,  as  directed  by  section 
1718;  and  another  meeting  will  be  held  on  the  second  Monday  in  March,  as 
provided  by  section  1717,  the  powers  and  duties  of  the  two  meetings  being 
entirely  separate  and  distinct,  the  first  being  a  subdistrict,  the  second  a  dis- 
trict township  meeting, 

<&)  The  board  of  a  district  township  cannot  consist  of  less  than  three 
members.  If  there  are  two  subdistricts,  the  subdirector  from  the  township 
at  large  should  be  voted  for  at  both  meetings,  and  to  avoid  confusion, 
tickets  should  specify:  For  subdirector,  A.  B.;  For  subdirector  at  large, 
C.  D. 

(c)  The  failure  or  refusal  of  the  proper  officers  to  issue  a  certificate  to  a 
person  duly  elected,  cannot  operate  to  deprive  such  person  of  his  rights. 
The  certificate  or  commission  is  the  best,  but  not  the  only  evidence  of  an 
election,  and  if  that  be  refused  secondary  evidence  is  admissible.  McCrary 
on  Elections,  section  171. 


SCHOOL  LAWS  OF  IOWA. 


BOAED    OF   DIRECTORS. 


19 


SECTION  1721.  (As  amended  by  Chap.  27,  Laws  of  1874.)  The 
subdirectors  of  the  several  subdistricts  shall  constitute  a  board  of  di- 
rectors for  the  district  township,  and  shall  enter  upon  their  duties 
upon  the  day  fixed  for  the  regular  meeting  of  the  board  in  March,  ^t 
which  time  they  shall  organize  by  electing  from  their  own  number  a 
president,  who  shall  simply  be  entitled  to  a  vote  as  a  member  of  the 
board;  and  from  the  district  township  at  large,  at  their  regular  meet- 
ing on  the  third  Monday  of  September  in  each  year,  a  secretary  and 
a  treasurer,  unless  there  are  at  least  five  subdirectors  in  the  district 
township,  in  which  case  they  may  be  selected  from  the  board;  and 
said  secretary  and  treasurer  thus  elected  shall  qualify  and  enter  upon 
the  duties  of  their  respective  offices  within  ten  days  following  the 
date  of  their  election.  If  selected  from  the  district  township  at  large 
they  shall  *have  no  vote  in  the  proceedings  of  the  board. 

SEC.  1721.  (a)  The  right  or  title  to  hold  office  cannot  be  determined  by 
an  appeal  to  the  county  superintendent,  The  proper  remedy  for  any  person 
aggrieved  by  the  action  of  the  board  relating  thereto  is  a  petition  to  the  dis- 
trict court,  under  sections  3345-3352,  Code. 

(6)  Directors  continue  in  office  until  the  third  Monday  in  March  and 
until  their  successors  are  elected  and  qualified. 

(c)  It  is  quite  customary  for  the  outgoing  board  to  meet  on  the  third 
Monday  in  March  and  complete  all  their  work,  and  for  the  new  board  to 
organize  immediately  thereafter.    The  legality  or  propriety  of  their  doing 
so  has  never  been  questioned. 

(d)  Business  done  by  the  new  board  on  the  second  Monday  of  March  is 
void,  because  their  term  of  office  does  not  begin  until  the  third  Monday  in 
March.    All  such  business  done,  including  the  re-organization,  should  be 
re-enacted  at  a  subsequent  meeting  to  make  it  legal, 

(e)  A  member  or  officer  of  the  board  must  have  the  qualifications  of  an 
elector,  if  a  male;  but  no  person  shall  be  deemed  ineligible,  by  reason  of 
sex,  to  any  school  office.    Chapter  136,  laws  of  1876 

( f)  A  president  whose  term  as  director  has  expired  may  take  no  further 
part  in  the  board,  even  though  a  new  president  has  not  been  chosen. 

(g)  When  the  treasurer  is  chosen  from  the  board,  under  section  1721,  his 
ceasing  to  be  a  member  of  the  board  in  March  does  not  terminate  his  rela- 
tion as  treasurer  of  the  district  until  September  following. 

(h)  Where  the  law  requires  a  certain  duty  to  be  performed  by  the  board 
upon  a  fixed  day,  as  for  instance  the  election  of  a  secretary  and  a  treasurer, 
an  adjournment  of  the  meeting  to  another  fixed  date  will  allow  the  trans- 
action of  the  business  directed  to  be  done  on  the  day  of  the  regular  meeting. 


20  SCHOOL  LAWS  OF  IOWA. 

SEC.  1722.  (As  amended  by  Chap.  176,  Laws  of  1880.)  The  board 
of  directors  shall  hold  their  regular  meetings  on  the  third  Monday  in 
March  and  September  of  each  year;  and  may  hold  such  special  meet- 
ings as  occasion  may  require,  at  the  call  of  the  president,  or  by  re- 
quest of  a  majority  of  the  board;  provided  that  the  board  of  directors 
of  a  district  township  may  hold  their  meetings  at  any  place  within 
the  civil  or  district  township  in  which  such  district  township  is  sit- 
uated. 

SEC.  1723.  They  shall  make  all  contracts,  purchases,  payments, 
and  sales  necessary  to  carry  out  any  vote  of  the  di&trict,  but  before 

(i)    No  person  may  hold  two  offices  of  the  board  at  the  same  time. 
(j )    A  person  cannot  remain  an  officer  or  member  of  the  board  and  reside 
in  another  district,  even  though  in  the  same  civil  township. 

SEC.  1722.  (a)  Section  1738  provides  that  a  majority  of  the  board  shall 
constitute  a  quorum. 

(6)  Any  duty  imposed  upon  the  board  as  a  body  must  be  performed  at  a 
regular  or  special  meeting,  and  made  a  matter  of  record. 

(c).  The  consent  of  the  board  to  any  particular  measure,  obtained  of  in- 
dividual members  when  not  in  session,  is  not  the  act  of  the  board,  and  is 
not  binding  upon  the  district.  47  Iowa,  11. 

(d)  If  a  contract  is  made  without  authority  from  the  board,  the  indi- 
viduals making  such  contract  are  personally  liable. 

(e)  Special  meetings  should  be  convened  by  a  written  call,  signed  either 
by  the  president  or  a  majority  of  the  members,  and  each  member  should  be 
duly  notified  of  the  purpose  of  the  meeting,  as  far  as  known. 

(/)  This  section  authorizes  the  board  of  a  district  township  to  hold 
meetings  in  an  independent  district  within  the  same  civil  township. 

SEC.  1723.  (a)  It  is  the  duty  of  the  board  to  make  contracts  for  the 
erection  of  school-houses,  when  the  means  have  been  provided  by  the  elec- 
tors. Forms  6,  7  and  8. 

(6)  No  member  has  authority  to  make  a  contract  in  behalf  of  the  district, 
except  under  specific  instructions  of  the  board. 

(c)  If  the  subdirector  is  appointed  a  committee  to  contract,  it  should  be 
with  certain  limitations,  and  the  contract  must  be  reported  to  the  board  for 
approval,  as  provided  by  section  1753. 

(d)  If  members  or  officers  of  the  board  intentionally  violate  law  they 
become  personally  liable.    Iowa  Reports,  14,  510;  17,  15$  24,  337,  and  38,  47. 

(e)  If  an  agent  makes  a  valid  contract  without  authority,  he  is  himself 
bound  thereby.    37  Iowa,  314.    But  a  contract  made  by  the  board  does  not 
bind  the  members  personally  when  they  do  not  put  their  official  title  to  their 
signatures,  biJb  the  district  is  bound.    Iowa  Reports,  7,  509;  11,  82, 


SCHOOL  LAWS  OF  IOWA.  21 

erecting  any  school-house  they  shall  consult  with  the  county  superin- 
tendent as  to  the  most  approved  plan  of  such  building.  And  all 
school-houses  erected  or  repaired  at  a  cost  exceeding  three  hundred 
dollars,  shall  be  so  erected  or  repaired  by  contract,  and  no  such  con- 
tract for  labor  or  materials  shall  be  let  until  proposals  for  the  same 
shall  have  been  invited  by  advertisement  for  four  weeks  in  some  news- 
paper published  in  the  county  where  the  work  is  to  be  done,  if  there 

(/)  Contracts  made  in  violation  of  the  terms  of  this  section  are  illegal. 
Their  fulfillment  may  be  prevented  by  in j  unction. 

(g)  Before  making  a  contract  great  pains  should  be  taken  to  obtain  the 
best  possible  plan  for  the  building.  On  this  point  the  law  requires  consul- 
tation with  the  county  superintendent. 

(h)  Contracts  for  the  erection  or  repair  of  school-houses,  or  for  material 
for  the  same,  exceeding  $300,  cannot  be  entered  into  until  proposals  have 
been  published  at  least  twenty-eight  days.  Repairs  include  furniture. 

(i)  After  the  contract  is  executed,  it  should  be  changed  with  caution,  or 
the  sureties  may  be  released.  60  Iowa,  98. 

(j)  The  board  cannot  be  required  to  commence  the  construction  of  a 
house  until  means  to  a  reasonable  extent  have  been  provided. 

(fc)  Unappropriated  school-house  funds  may  be  disposed  of  by  the 
electors,  under  section  1717,  for  improvements,  such  as  fencing  school- 
house  sites,  providing  wells,  etc.,  or  the  same  may  be  transferred  to  either 
the  teachers'  or  contingent  fund,  and  the  board,  under  section  1723,  are  re- 
quired to  carry  out  the  vote  of  the  electors. 

(I)  The  district  may  not  form  a  partnership  with  any  other  party  in  the 
building  of  a  school-house.  This  does  not  prevent  the  receiving  of  dona- 
tions and  granting  privileges  under  notes  (g)  and  (i)  to  section  1753. 

(m)  A  board  may  bind  a  corporation  by  contracts  entered  into  after  the 
election  of  their  successors  and  before  their  qualification.  But  they  may 
not, unnecessarily  make  contracts  to  extend  beyond  their  term.  87  1111.,  255. 

(n)  While  instances  may  occur  in  which  the  interests  of  the  district  will 
be  subserved  by  making  contracts  with  teachers  and  others,  which  will  not 
expire  for  months  after  a  change  of  officers,  courtesy  as  well  as  justice  dic- 
tates the  impropriety  ot  making  contracts  the  execution  of  which  will  em- 
barrass successors  in  office.  Ordinarily  the  new  board  should  make  con- 
tracts only  for  the  year  daring  which  they  serve. 

(o)  The  force  and  effect  of  any  motion  adopted  by  the  board  does  not 
terminate  with  a  change  of  officars  or  members,  but  remains  in  force  until 
repealed.  35  Iowa,  361. 

(p)  A  board  may  ratify  or  adopt  such  acts  of  officers  de  facto  as  the  law 
would  permit  officers  dejure  to  perform. 


22  SCHOOL  LAWS  OF  IOWA. 

be  one  published  therein,  if  not,  in  the  nearest  newspaper  in  an  ad- 
joining county;  and  such  contract  shall  be  let  to  the  lowest  respon- 
sible bidder,  and  bonds  with  sufficient  sureties  for  the  faithful  per- 
formance of  the  contract  shall  be  required. 

SBC.  1724.  They  shall  fix  the  site  for  each  school-house,  taking 
into  consideration  the  geographical  position  and  convenience  of  the 
people  of  each  portion  of  the  subdistrict,  and  shall  determine  what 

(q)  Boards  should  not  involve  the  district  in  an  indebtedness  for  the  erec- 
tion of  school-houses,  by  contracts,  or  the  issue  of  orders  to  exceed  the 
amount  voted  by  the  electors. 

(r)  District  townships  have  no  authority  to  issue  bonds  or  other  evi- 
dences of  indebtedness  for  the  purpose  of  borrowing  money. 

(s)  No  district  can  become  indebted  in  any  manner,  or  for  any  purpose, 
to  an  amount,  in  the  aggregate,  exceeding  five  per  cent  on  the  value  of  its 
taxable  property.  Constitution,  article  11,  section  3. 

(t)  Any  unappropriated  school-house  fund  in  the  district  treasury  may  be 
used  for  the  erection  or  repair  of  school-houses,  at  the  discretion  of  the 
board,  without  action  of  the  electors. 

(M)  Chapter  146,  laws  of  1882,  as  amended,  confers  upon  all  boards  the 
right  to  insure  school  property.  This  duty  should  not  be  neglected. 

(v) '  District  property  is  exempt  from  general  taxation,  section  797,  Code; 
from  execution,  section  3048,  Code;  from  garnishment,  section  2976,  Code; 
and  mechanic's  lien,  54  Iowa,  81. 

(w)  Sometimes  a  district  desires  to  maintain  a  better  or  different  fence 
than  can  be  required  of  the  party  joining.  In  such  cases  it  is  quite  cus- 
tomary for  districts  to  build  the  whole  fence. 

(x)  There  is  no  provision  of  law  for  condemning  land  for  a  school  road. 
The  law  authorizes  the  board  to  purchase  land  and  to  levy  a  tax  for  that 
purpose.  If  the  land  cannot  be  procured  by  contract,  the  road  may  be  es- 
tablished in  the  same  manner  and  by  the  proceedings  provided  for  the  estab- 
lishment of  highways,  and  when  the  damages  have  been  assessed,  the  dis- 
trict may  pay  the  same. 

(y)  The  local  board  of  health  have  undoubted  right  under  chapter  151, 
section  16,  laws  of  1880,  to  condemn  and  close  for  use  as  a  school-house  a 
building  believed  by  them  to  be  unfit  for  such  purpose. 

(z)  A  lightning  rod  may  be  supplied  as  a  part  of  a  new  house,  and  paid 
for  from  the  school-house  fund.  51  Iowa,  432. 

SEC.  1724.  (a)  The  power  to  locate  sites  for  school-houses  is  vested,  orig- 
inally, exclusively  in  the  board.  This  authority  should  be  exercised  with 
great  care,  and  without  prejudice.  The  wishes  of  the  people,  for  whom  the 
house  is  designed,  should  be  consulted  as  far  as  practicable,  taking  into  ac- 
count the  prospective  as  well  as  the  present  convenience  of  the  subdistrict. 


SCHOOL  LAWS  OF  IOWA.  28 

number  of  schools  shall  be  taught  in  each  subdistrict,  and  for  what 
additional  time  beyond  the  period  required  by  law  they  shall  be  con- 
tinued during  each  year. 

SEC.  1725.  (As  amended  by  Chap.  109,  Laws  of  1876,  and  Chap. 
125,  Laws  of  1886.)  They  shall  determine  where  pupils  may  attend 
school,  and  for  this  purpose  may  divide  their  district  into  such  sub- 
districts  as  may  by  them  be  deemed  necessary;  provided  that  no  such 
subdistrict  shall  be  created  for  the  accommodation  of  less  than  fifteen 
pupils,  but  the  board  of  directors  shall  have  power  to  rent  a  room 
and  employ  a  teacher  for  the  accommodation  of  any  ten  scholars;, 
provided  further  that  nothing  in  this  chapter  contained  shall  be  con- 
strued to  prohibit  the  construction  of  as  many  school-houses,  out  of 

(I)  The  power  of  the  board  to  fix  the  site  carries  with  it  the  power  to  re- 
locate that  site.  68  Iowa,  161.  The  exercise  of  this  power  is  a  proper  and 
necessary  adjunct  of  power  to  make  alterations  in  subdistrict  boundaries. 
An  extension  of  settlements  frequently  changes  the  centers  of  population 
and  necessitates  a  change  of  subdistrict  boundaries,  and  the  removal  of 
school-houses  to  central  localities  in  the  new  subdistricts.  23  Iowa,  408. 

(c)  A  site  near  the  center  of  the  subdistrict  should  be  chosen,  unless  con- 
trolling circumstances  indicate  a  different  selection.    The  site  should  con- 
tain not  less  than  one  acre  of  ground,  ordinarily. 

(d)  Every  new  site,  taken  under  section  1825,  must  be  selected  on  some 
public  highway,  at  least  forty  rods  from  any  residence,  the  owner  whereof 
objects  to  its  being  placed  nearer,  and  not  in  any  orchard,  garden,  or  public 
park;  except  in  incorporated  towns  or  cities.   Section  1826.    Boards  may  re- 
build on  sites  without  consent  of  owners  of  residences  within  forty  rods. 

(e)  The  provisions  of  section  1825  do  not  apply  in  cases  where  the  site  ia 
purchased.    S.  L.  Decisions,  135. 

(/)  The  case  of  Randall  v.  Dist.  Twp.  Lincoln,  S.  L.  Decisions,  84,  is  under- 
stood to  mean  that  the  board  would  expect  to  be  again  reversed  on  appeal, 
if  making  a  location  without  a  better  reason  than  existed  when  the  former 
action  was  taken.  70  Iowa,  338,  and  S.  L.  Decisions,  139. 

(g)  Since  a  change  of  boundaries  between  subdistricts  does  not  take  effect 
until  the  subdistrict  meeting  in  March,  the  board  may  not  move  the  school- 
house  to  accommodate  the  proposed  new  subdistrict  until  after  that  time. 

(h)  As  regards  the  length  of  time  during  which  schools  are  to  be  taught 
in  each  subdistrict,  twenty-four  weeks  is  the  minimum.  Section  1727.  The 
maximum  is  unlimited,  except  as  by  section  1780,  providing  a  limit  to  the 
amount  of  taxes  for  contingent  and  teachers'  fund. 

SEC.  1725.  (a)  All  changes  in  subdistrict  boundaries  must  be  made  in 
strict  conformity  with  sections  1738  and  1796. 


24  SCHOOL  LAWS  OF  IOWA. 

moneys  derived  from  taxes  levied  previous  to  January  1,  1876,  in  any 
subdistrict  where  the  subdistrict  comprises  the  entire  district  town- 
ship, as  shall  have  been  authorized  and  provided  for  at  the  annual 
meeting  of  the  district  township  electors. 

SEC.  1726.     They  may  establish  graded  or  union  schools  wherever 
they  may  be  necessary,  and  may  select  a  person  who  shall  have  the 

(6)  The  words  pupils  and  scholars,  as  used  in  this  section,  mean  persons 
between  the  ages  of  five  and  twenty-one  years. 

(c)  All  of  a  district  township  must  be  included  in  some  subdistrict. 

(d)  A  subdistrict  is  not  a  corporate  body  and  has  no  financial  claims,  nor 
can  it  be  held  liable  for  debts,  except  as  a  part  of  the  district  township. 

(e)  The  board  may  discontinue  or  abolish  a  subdistrict  by  a  re-adjust- 
ment of  boundaries,  taking  effect  in  March  following.    Section  1796. 

(f)  No  change  in  boundaries  may  be  made  by  the  board  which  leaves  any 
subdistrict  with  less  than  fifteen  persons  of  school  age. 

(g)  In  an  organized  subdistrict,  even  though  there  are  not  fifteen  persons 
of  school  age,  a  school  must  be  held,  unless  the  board  are  excused  by  the 
county  superintendent.    Section  1727. 

(h)  The  board  cannot  provide  an  extra  school  for  a  less  number  than  ten 
persons  of  school  age. 

(i)  There  is  nothing  in  law  to  prevent  the  erection  of  more  than  one  school- 
house  in  a  subdistrict.  69  Iowa,  533. 

SEC.  1726.  (a)  A  graded  school,  open  to  the  older  and  more  advanced 
scholars  from  every  subdistrict,  may  be  advantageously  established  at  some 
central  point  in  the  district  township. 

.  (&)  The  law  does  not  prescribe  the  branches  that  shall  be  taught  in  the 
public  schools,  further  than  to  require  all  teachers  to  be  qualified  to  teach 
certain  branches  enumerated  in  section  1766. 

(cj  In  the  absence  of  instruction  by  the  electors,  the  board  should  decide 
what  branches  besides  those  in  a  teacher's  examination,  shall  be  taught. 

(d)  Boards  are  empowered  by  virtue  of  the  authority  to  establish  graded 
schools,  and  of  the  general  supervisory  and  discretionary  powers  with  which 
they  are  invested,  to  prescribe  courses  of  study  and  branches  to  be  taught 
in  the  schools  of  their  district. 

(e)^It  is  very  desirable  that  boards,  county  superintendent  and  teachers 
should  work  together  in  efforts  to  classify  and  harmonize  the  work  to  be 
done  rn  the  ungraded  schools.  Much  may  be  accomplished  by  concert  of 
action  in  carrying  forward  some  uniform  method  of  classification  and  in- 
struction. 

(f )  A  course  of  study  should  be  prescribed  by  the  board  in  every  district, 
to  which  the  electors  may  add  additional  branches,  by  section  1717. 


SCHOOL  LAWS  OF  IOWA.  25 

general  supervision  of  the  schools   in  their  district,  subject  to  the 
rules  and  regulations  of  the  board. 

SEC.  1727.  In  each  subdistrict  there  shall  be  taught  one  or  more 
schools  Sor  the  instruction  of  youth  between  the  ages  of  five  and 
twenty-one  years,  for  at  least  twenty-four  weeks,  of  five  school  days 
each,  in  each  year,  unless  the  county  superintendent  shall  be  satisfied 
that  there  is  good  and  sufficient  cause  for  failure  so  to  do.  Any  per- 
son who  was  in  the  military  service  of  the  United  States  during  his 
minority  shall  'be  admitted  into  the  schools  of  the  subdistrict  in 
which  he  may  reside  on  the  same  terms  on  which  youths  between  the 
ages  of  five  and  twenty-one  are  admitted. 

(g)  It  is  not  within  the  province  of  individual  parties  to  demand  instruc- 
tion outside  the  branches  usually  taught. 

(h)  If  it  is  understood  that  the  principal  of  a  school  has  charge  of  other 
rooms  besides  his  own,  he  has  the  same  power  in  managing  the  children  that 
is  by  law  given  to  other  teachers. 

SEC.  1727.  (a)  Unless  the  C3unty  superintendent  finds  it  quite  impracti- 
cable that  a  school  should  be  held,  and  releases  the  board,  they  are  required 
by  the  law  to  provide  a  school  in  every  subdistrict. 

(6)  The  board  may  establish  more  thau  one  school  in  a  subdistrict  if  nec- 
essary for  the  accommodation  of  the  children,  subject  to  the  limitations 
contained  in  sections  1725  and  1780.  70  Iowa,  102. 

(c)  Under  section  1724,  the  board  have  power  to  provide  for  a  longer 
period  of  school  than  twenty-four  weeks;  this  increase  of  time  does  not  ap- 
ply to  the  extra  schools  granted. 

(d)  When  two  school-houses  are  within  the  same  district,  or  subdistrict, 
a  school  of  three  months  in  each,  held  at  the  same  time,  does  not  fulfill  the 
requirements  of  the  law  that  a  school  of  at  least  twenty-four  weeks  shall  be 
taught  in  each  subdistrict. 

(e)  The  school  year  for  school  purposes  should  be  regarded  as  beginning 
on  the  third  Monday  in  March,  when  a  new  board  enter  upon  their  duties. 

(f)  All  the  youth  of  the  state  from  five  to  twenty-one  years  of  age,  irre- 
spective of  religion,  race  or  nationality,  are  entitled  to  the  same  school 
facilities.    While  schools  may  be  graded  according  to  the  proficiency  of  pu- 
pils, no  discrimination,  such  for  instance  as  requiring  colored  pupils  to 
attend  separate  schools,  can  be  enforced.    24  Iowa,  266. 

(g)  Persons  over  twenty-one  years  of  age  are  not  entitled  to  the  benefits 
of  the  public  schools,  except  as  provided  in  the  latter  part  of  this  section. 
If,  however,  the  school  is  not  full,  they  and  non-residents  may  be  admitted, 
in  the  discretion  of  the  board,  upon  such  terms  as  the  board  may  prescribe. 

(ft)    Children  under  five  years  of  age  will  be  more  in j  ured  by  the  confine- 
ment than  benefited  by  the  instruction.    They  cannot  claim  the  advantages 
of  the  school,  and  should  not  be  admitted. 
4 


26  SCHOOL  LAWS  OF  IOWA. 

SEC.  1728.  The  board  of  directors  of  any  district  township  or  in- 
dependent district  shall  not  order,  or  direct,  or  make  any  change  in 
the  school-books  or  series  of  text-books  used  in  any  school  under  their 
superintendence,  direction,  or  control,  more  than  once  in  every  period 
of  three  years,  except  by  a  vote  of  the  electors  of  the  district  town- 
ship or  independent  district. 

SEC.  1729.  They  may  use  any  unappropriated  contingent  fund  in 
the  treasury  to  purchase  records,  dictionaries,  maps,  charts,  and  appa 
ratus  for  the  use  of  the  schools  of  their  districts,  but  shall  contract 
no  debts  for  this  purpose. 

SEC.  1730.  They  shall  appoint  a  temporary  president  and  secretary 
in  case  of  the  absence  of  the  regular  officers,  and  shall  fill  any  vacancy 

SEC.  1728.  (a)  This  section  only  implies  the  power  of  the  board  to  adopt 
text-books  for  their  schools,  but  to  avoid  the  great  variety  of  text-books 
used  in  the  schools  and  too  frequent  changes  of  the  same,  we  think  the 
board  should  exercise  their  authority  by  adopting  text-books,  having  due 
regard  to  those  in  common  use. 

(b)  The  change  of  any  one  text-book  in  the  school  does  not  prevent  the 
board  from  changing  any  or  all  other  books  at  a  subsequent  time.    Neither 
subdirector  nor  teacher  has  authority  to  change  text-books. 

(c)  The  electors  may  not  vote,  nor  the  board  appropriate,  money  for  the 
purchase  of  text-books  for  the  use  of  the  district. 

(d)  The  board  are  not  prohibited  from  buying  text-books  and  selling 
them  to  scholars  at  cost,  if  choosing  to  do  so  on  their  own  responsibility. 

SEC.  1730.  (a)  A  vacancy  can  be  created  only  by  death,  removal,  resigna- 
tion, or  failure  to  elect  at  the  proper  election,  there  being  no  incumbent  to 
continue  in  office.  Section  781,  Code.  A  failure  to  elect  or  qualify  does  not 
create  a  vacancy,  for  the  incumbent,  whether  elected  or  appointed,  contin- 
ues in  office  until  his  successor  is  elected  and  qualified .  flection  784,  Code. 
If  the  incumbent  does  not  qualify  in  the  time  fixed  by  the  board,  a  vacancy 
exists.  Sections  690  and  686,  Code. 

(6)  A  change  in  the  boundaries  of  subdistricts  does  not  create  a  vacancy, 
for  changes  do  not  take  effect  until  the  next  subdistrict  election.  Section 
1796.  If  a  subdistrict  is  divided,  so  as  to  form  a  new  one,  the  subdirector 
will  continue  to  act  as  though  no  change  had  been  made,  until  the  expira- 
tion of  his  official  term. 

(c)  If  a  person  without  the  requisite  qualifications,  is  elected  a  member 
of  the  board  and  acts  with  the  board,  being  a  member  de  facto,  his  acts  will 
be  valid;  but  when  his  disqualification  becomes  known,  the  board  should 
declare  the  place  vacant  and  appoint  his  successor.    23  Iowa,  96. 

(d)  School  directors  may  resign  at  any  time.    A  verbal  resignation  may 
be  tendered  to  the  board  when  in  session,  or  a  written  resignation  may  be 


SCHOOL  LAWS  OF  IOWA.  2T 

that  may  occur  in  the  office  of  president,  secretary,  or  treasurer,  or  in 
the  board  of  directors. 

SEC.  1731.  They  shall  require  the  secretary  and  treasurer  to  give 
bonds  to  the  district  in  such  penalty  and  with  such  security  as  they 
may  deem  necessary  to  secure  the  district  against  loss,  conditioned 
for  the  faithful  performance  of  their  official  duties.  The  bonds  shall 
be  filed  with  the  president,  and  in  case  of  a  breach  of  the  conditions 
thereof  he  shall  bring  suit  thereon  in  the  name  of  the  district  town- 
ship or  independent  district. 

SEC.  1732.  They  shall,  from  time  to  time,  examine  the  accounts  of 
the  treasurer  and  make  settlement  with  him;  and  shall  present,  at 

handed  to  some  member  to  be  presented  at  a  subsequent  meeting,  for  ac- 
ceptance by  the  board.  No  one  can  be  compelled  to  serve  against  his  wishes^ 

(e)  When  a  director  habitually  neglects  the  duties  of  his  office,  he  may 
be  compelled  by  mandamus  to  perform  them. 

(/)  Boards  have  no  authority  to  remove  any  member  or  officer  of  the 
board.  Such  removal  may  be  made  only  by  the  courts  as  provided  by  sec- 
tions 746-750,  Code. 

(g)  In  case  the  board  is  reduced  below  a  quorum  by  resignation,  or  other- 
wise, the  township  trustees  must  call  a  special  election  to  fill  the  vacancies, 
as  provided  by  section  1714. 

SEC.  1731.  (a)  The  law  requires  all  official  bonds  to  be  secured  by  at  least 
two  sureties,  who  are  freeholders,  and  whose  aggregate  property  is  double 
the  amount  of  the  bond;  the  oath  of  office  to  be  subscribed  on  the  back  of 
the  bond,  or  attached  thereto,  and  the  sureties  to  make  affidavit  that  they 
are  worth  the  amount  named  in  the  bond.  Sections  249,  250,  675  and  679, 
Code.  Form  10. 

(6)  As  the  bonds  of  the  secretary  and  treasurer  must  be  approved  by  the 
board,  no  member  should  become  surety  for  these  officers. 

(c)  Any  officer  whose  duty  it  is  to  give  bonds  for  the  proper  discharge  of 
the  duties  of  his  office,  and  who  neglects  so  to  do,  is  guilty  of  a  misdemeanor, 
and  is  liable  to  a  fine.    Section'684,  Code. 

(d)  A  board  approving  bonds  which  they  know  to  be  insufficient,  do  not 
discharge  the  duty  incumbent  upon  them,  and  are  liable  under  section  3965, 
Code,  on  a  charge  of  misdemeanor.    Iowa  Reports,  14,  510;  18, 163. 

SEC.  1732.  (a)  The  interest  and  protection  of  the  tax-payers  require  that 
such  settlement  should  be  made  at  least  twice  a  year,  and  more  frequently 
if  deemed  necessary,  and  the  settlement  at  the  end  of  the  term  requires  that 
the  funds  and  property  shall  be  produced  and  fully  accounted  for,  and  that 
tbese  facts'  should  be  indorsed  upon  the  bond  of;  the  treasurer,  if  he  is  re- 
elected.  Section  690,  Code,*  quoted  in  note  (d)  to  section  1751.  69  Iowa,  269. 


28  SCHOOL  LAWS  OF  IOWA. 

each  regular  meeting  of  the  electors  of  the  district  township,  a  full 
statement  of  the  receipts  and  expenditures  of  the  district  township, 
and  such  other  information  as  may  be  deemed  important. 

SEC.  1733.  They  shall  audit  and  allow  all  just  claims  against  the 
district,  and  fix  the  compensation  of  the  secretary  and  treasurer,  and 
no  order  shall  be  drawn  on  the  treasury  until  the  claim  for  which  it 
is  drawn  has  been  audited  and  allowed. 

SEC.  1734.  They  shall  visit  the  schools  in  their  district,  and  aid 
the  teachers  in  establishing  and  enforcing  the  rules  for  the  govern- 
ment of  the  schools,  and  see  that  they  keep  a  correct  list  of  the  pupils, 
embracing  the  periods  of  time  during  which  they  have  attended 

(6)  This  section  contemplates  that  a  full  report  of  the  affairs  of  the  dis- 
trict shall  be  made  by  the  board  at  each  annual  meeting  of  the  electors. 
This  work  appropriately  devolves  upon  the  president,  unless  the  board  desig- 
nate some  other  member.  When  practicable,  the  report  should  be  pub- 
lished. 

SEC.  1733.  (a)  All  demands,  whether  by  contract  or  otherwise,  must  be 
approved  by  the  board  when  in  session,  before  an  order  may  be  drawn  on  the 
treasury,  and  no  officer  should  draw  an  order  unless  he  is  authorized  to  do 
so  by  a  vote  of  the  board,  at  a  regular  or  special  meeting. 

(6)  Only  the  secretary  and  treasurer  may  receive  compensation  for  the 
discharge  of  duties  required  by  law.  Section  1738. 

(c)  It  is  the  duty  of  the  board  to  examine  all  contracts  for  the  employ- 
ment of  teachers,  and  the  construction  of  school-houses,  or  for  any  other 
purpose,  and  to  see  that  the  stipulations  have  been  complied  with,  before 
they  authorize  the  payment  of  money  thereon. 

(d)  The  board  may  authorize  the  president  and  secretary  to  draw  war- 
rants for  the  payment  of  teachers'  salaries  at  the  end  of  each  school  month, 
upon  proper  evidence  that  the  service  has  been  performed,  but  the  order  for 
wages  for  the  last  month  should  not  be  drawn  until  the  report  required  by 
section  1760  is  filed  in  the  office  of  the  secretary. 

(e)  School  orders  issued  without  a  vote  of  the  board  or  otherwise  illegally 
issued,  although  they  may  be  signed  by  the  president  and  countersigned  by 
the  secretary,  are  not  binding  upon  the  district;  neither  can  they  acquire 
validity  by  being  transferred  to  third  parties.    If  illegal  when  issued,  they 
are  illegal  forever.    19  Iowa,  199  and  248. 

(f)  An  order  is  not  a  negotiable  paper.    It  is  subject  to  all  equities  and 
defenses  to  which  it  would  have  been  subject  in  the  hands  of  the  payee.    29 
Iowa,  339. 

SEC.  1734.  (a)  Boards  have  entire  control  of  the  public  schools  of  their 
•district  and  the  teachers  employed  therein.  The  board  may  establish  such 


SCHOOL  LAWS  OF  IOWA.  29' 

school,  the  branches  taught,  and  such  other  matters  as  may  be  re- 
quired by  the  county  superintendent.  In  case  a  teacher  employed  in 
any  of  the  schools  of  the  district  township  is  found  to  be  incompe- 
tent, or  is  guilty  of  partiality  or  dereliction  in  the  discharge  of  his 
duties,  or  for  any  other  sufficient  cause  shown,  the  board  of  directors 
may,  after  a  full  and  fair  investigation  of  the  facts  of  the  case,  at"  a 
meeting  convened  for  the  purpose,  at  which  the  teacher  shall  be  per- 
mitted to  be  present  and  make  his  defense,  discharge  him. 

SEC.  1735.  The  majority  of  the  board  in  independent  districts 
shall  have  power,  with  the  concurrence  of  the  president  of  Lhe  board 

rules  and  regulations  for  the  government  of  teachers  and  pupils,  consistent 
with  law,  as  the  interests  of  the  schools  require.  S.  L.  Decisions,  130. 

(b)  The  teacher  is  the  agent  of  the  board,  and  rules  made  and  enforced 
by  the  teacher  with  either  the  formal  or  tacit  consent  of  the  board,  are  in 
effect  the  rules  of  the  board. 

(c)  It  is  the  duty  of  the  teacher,  under  the  direction  of  the  board,  to  de- 
termine what  branches  shall  be  pursued  by  each  pupil. 

(d)  Without  special  mention  in  the  teacher's  contract,  it  is  understood 
that  only  the  common  branches  are  expected  to  be  taught. 

(e)  It  is  competent  for  boards  to  provide  by  rules  that  pupils  may  be  sus- 
pended from  the  schools  in  case  they  shall  be  absent  or  tardy  a  certain  num- 
ber'of  times  within  affixed  period,  except  for  sickness  or  other  unavoidable 
cause.    31  Iowa,  562. 

(/)  The  rules  adopted  by  the  board  remain  and  continue  in  force  until 
repealed.  35  Iowa,  361. 

(gf)  The  board  of  any  district  have  the  right  to  include  music,  drawing, 
or  any  other  study,  in  the  course  of  study  for  their  schools.  Section  1766. 

(h]  Boards  may  dismiss  teachers  only  for  good  cause  shown.  In  case  the 
board  pass  an  order  to  dismiss,  the  material  reason  therefor  should  be 
spread  upon  the  record;  for,  while  in  case  of  contest,  these  reasons  would 
not  be  conclusive  against  the  teacher,  the  board  would  be  estopped  from 
presenting  other  reasons  than  those  named  in  the  record. 

(i)  When  a  teacher  is  unjustly  dismissed,  an  appeal  may  be  taken  from 
the  action  of  the  board  in  dismissing  him,  but  a  suit  at  law  must  be  brought, 
if  he  seeks  to  recover  his  pay  upon  the  contract.  The  teacher  should  be 
paid  only  to  the  date  of  legal  dismissal. 

(j)  In  the  trial  of  a  teacher,  when  it  is  sought  to  dismiss  him,  all  the 
provisions  of  section  1734  must  be  strictly  complied  with.  The  board  may 
not  prevent  the  teacher  from  making  a  full  defense,  and  the  teacher  may 
appear  by  attorney,  or  otherwise,  as  he  chooses.  S.  L.  Decisions,  120. 

SEC.  1735.  (a)  If  the  effects  of  acts  done  out  of  school  hours  reach 
within  the  school-room  during  school  hours,  and  are  detrimental  to  good 


30  SCHOOL  LAWS  OF  IOWA. 

of  directors,  to  dismiss  or  suspend  any  pupils  from  the  school  in 
their  district  for  gross  immorality  or  for  a  persistent  violation  of  the 
regulations  or  rules  of  the  school,  and  to  re  admit  them  if  they  deem 
proper  so  to  dp. 

SEC.  1736.  They  shall  at  their  regular  meeting  in  March  of  each 
year;  require  the  secretary  to  file  with  the  county  superintendent, 
county  auditor  and  county  treasurer,  each,  a  certificate  of  the  election, 
qualification  and  post-office  address  of  the  president,  treasurer,  and 
secretary  of  the  district  township,  and  to  advise  them  from  time  to 
time  of  any  changes  made  in  said  offices  by  appointment. 
v  SEC.  1737.  They  shall  make  such  rules  and  regulations  as  may  be 
necessary  for  the  direction  and  restriction  of  subdirectors  in  the  dis- 
charge of  their  official  duties,  and  not  inconsistent  with  law. 

order  and  the  best  interests  of  the  pupils,  it  is  evident  that  such  acts  may 
be  forbidden.  31  Iowa,  562. 

(b)  The  board  will  be  justified  in  refusing  to  permit  the  attendance  of  a 
pupil  whose  parent  will  not  consent  that  he  shall  obey  the  rules  of  the 
school.    50  Iowa,  145;  S.  L.  Decisions,  130. 

(c)  A  board  may  not  adopt  a  rule  which  will  deprive  a  child  of  school 
privileges,  except  as  a  punishment  for  breach  of  discipline  or  an  offense 
against  good  morals.    66  Iowa,  476. 

(d)  A  careful  investigation  of  the  charges  against  the  scholar  should  be 
made  before  he  is  dismissed.    Section  1756,  and  notes. 

(e)  The  board  may  exclude  children  coming  from  houses  where  there  are 
contagious  diseases;  and  may  also  enforce  a  rule  that  children  not  vaccina- 
ted shall  be  excluded. 

SEC.  1736.  It  is  very  important  that  the  secretary  should  file  the  certifi- 
cate with  the  county  officers  named,  immediately  after  the  regular  meetings 
of  the  board  in  March  and  September,  otherwise  funds  belonging  to  the 
district  may  be  paid  to  persons  not  authorized  to  receive  them.  Whenever 
a  change  is  made  the  county  officers  should  be  notified.  Form  11. 

SEC.  1737.  These  rules  should  be  carefully  prepared,  adopted  by  the 
board  and  recorded,  and  each  subdirector  should  be  furnished  with  a  copy. 
They  may  properly  provide  all  restrictions,  not  in  conflict  with  law,  which 
the  board  may  see  fit  to  adopt  for  the  guidance  of  subdirectors.  They  may 
direct  that  a  subdirector  may  not  teach  his  own  school;  that  no  contracts 
shall  be  made  by  him  which  do  not  expire  with  the  school  year;  and  that  he 
may  not  engage  a  near  relative  as  teacher  unless  he  has  obtained  the  previ- 
ous consent  of  a  majority  of  the  board,  nor  employ  any  teacher  to  whom  a 
majority  of  the  electors  or  patrons  object  in  writing.  Section  1753,  and 
notes.  . 


SCHOOL  LAWS  OF  IOWA.  3^ 

SEC.  1738.  A  majority  of  the  board  of  directors  shall  be  a  quorum 
to  transact  business,  but  a  less  number  may  adjourn  from  time  to 
time,  and  no  tax  shall  be  levied  by  the  board  after  the  third  Monday 
in  May;  nor  shall  the  boundaries  of  subdistricts  be  changed  except 
by  a  vote  of  the  majority  of  the  board,  nor  shall  the  members  of  the 
board,  except  its  secretary  and  treasurer,  receive  pay  out  of  any 
school  funds  for  services  rendered  under  this  chapter. 

PRESIDENT. 

SECTION  1739.  (Amended  by  Chap.  46,  Laws  of  1882.)  The  presi- 
dent shall  preside  at  all  meetings  of  the  board  of  directors  of  inde- 
pendent districts  and  of  the  district  townships,  shall  draw  all  drafts 
on  the  county  treasury  for  money  apportioned  to  his  district,  sign  all 
orders  on  the  treasury,  specifying  in  each  order  the  fund  on  whith  it 

SEC.  1738.  (a)  As  to  the  proper  course  to  pursue  when  the  board  is  re- 
duced below  a  quorum,  see  note  (g]  to  section  1730. 

(6)  In  the  absence  of  a  direct  provision  of  law,  or  of  a  by-law  requiring 
a  majority  vote  of  all  the  board,  or  one  providing  that  the  highest  vote  will 
carry.,  or  a  rule  imposing  some  other  limitation  upon  the  board,  a  majority 
of  the  votes  cast,  a  quorum  being  present,  will  carry  a  measure. 

(c)  Our  supreme  court  have  held  that  the  provision  of  this  section,  that 
no  tax  shall  be  levied  by  the  board  after  the  third  Monday  in  May,  is  man- 
datory, and  that  a  tax  voted  after  that  time  is  void.    This  decision  renders 
it  essential  that  boards  act  promptly,  and  see  that  all  taxes  are  voted  within 
the  time  required  by  the  law.    Section  1777. 

(d)  A  change  of  subdistrict  boundaries  is  illegal  and  void,  unless  made 
by  a  majority  of  the  whole 'board. 

(e)  Any  compensation  paid  to  any  other  member  of  the  board  than  the 
secretary  and  treasurer,  for  the  performance  of  official  duties,  is  in  direct  op- 
position to  the  law,  and  an  open  violation  of  the  oath  of  office.    For  loca- 
ting sites,  or  receiving  buildings  on  the  completion  of  contracts,  they  clearly 
cannot  receive  pay. 

SEC.  1789.  (a)  The  president  of  the  board  must  take  the  oath  of  office  ac- 
cording to  article  11,  section  5,  of  the  Constitution  of  Iowa. 

(b)  The  president  has  the  right  to  vote  on  all  questions  coming  before  the 
board.    If  by  such  vote  a  tie  is  produced,  the  motion  is  lost.    Sections  1721 
and  1802,  notes. 

(c)  The  president  may  sign  no  order  on  the  district  treasury  except  by 
authority  of  the  board.    Section  1733  and  notes,  and  section  1741,  notes  (h) 
and  (t). 

(d)  The  president  may  not  act  as  secretary  or  treasurer  of  the  board. 


32  SCHOOL  LAWS  OF  IOWA. 

is  drawn  and  the  use  for  which  the  money  is  appropriated,  and  shall 
sign  all  contracts  made  by  the  board,  and  shall  be  empowered  to  ad- 
minister the  oath  of  office  to  the  secretary,  treasurer,  and  members  of 
the  board.  '* 

SEC.  1740.  He  shall  appear  in  behalf  of  his  district  in  all  suits 
brought  by  or  against  the  same,  but  when  he  is  individually  a  party, 
this  duty  shall  be  performed  by  the  secretary;  and  in  all  cases  where 
suits  may  be  instituted  by  or  against  any  of  the  school  officers  to 
enforce  any  of  the  provisions  herein  contained,  counsel  may  be  em-i 
ployed  by  the  board  of  directors. 

SECRETARY. 

SECTION  1*741.  The  secretary  shall  record  all  the  proceedings  of 
the  board  and  district  meetings  in  separate  books  kept  for  that  pur- 
pose; shall  preserve  copies  of  all  reports  made  to  the  county  super- 
intendent; shall  file  all  papers  transmitted  to  him  pertaining  to  the 
business  of  the  district;  shall  countersign  all  drafts  and  orders  drawn 
by  the  president,  and  shall  keep  a  register  of  all  orders  drawn  on  the 

(e)  In  the  absence  of  the  president,  or  when  he  refuses  to  discharge  the 
proper  duties  of  his  office,  a  temporary  president  may  be  appointed,  who 
during  the  time  he  is  acting  as  president,  may  sign  orders  and  contracts,  and 
do  all  other  acts  proper  to  be  done  by  the  president,  but  is  not  authorized  to 
act  except  when  the  board  is  in  session. 

(/)  To  be  valid,  an  order  must  express  upon  its  face  the  fund  upon  which 
it  is  drawn,  and  the  purpose  for  which  it  was  issued. 

(g)  An  order  of  the  board  cannot  be  considered  as  officially  transmitted, 
unless  signed  by  the  president,  as  well  as  by  the  secretary. 

(h)  The  failure  of  an  officer  to  attach  his  official  title  to  his  signature, 
will  not  affect  the  instrument  so  far  as  the  district  is  concerned,  provided 
the  writing  was  authorized,  and  made  for  the  district,  and  this  fact  can  be 
shown.  Iowa  Reports,  7,  509;  11,  82. 

SEC.  1740.  (a)  The  expenses  in  suits  provided  for  by  this  section  should 
be  paid  from  the  contingent  fund. 

(&)  Appeals  to  the  county  superintendent  or  superintendent  of  public  in- 
struction, are  not  suits  brought  by  or  against  the  district,  nor  are  they  suits 
brought  by  or  against  any  of  the  school  officers,  within  the  meaning  of  the 
law,  and  no  charge  can  be  made  against  ,the  district  for  attorney  fees.  36 
Iowa,  411. 

SEC.  1741.  (a)  It  is  essential  that  the  record  of  the  proceedings  of  the 
board  and  district  meetings  should  be  properly 'kept.  Every  transaction 
should  be  carefully  noted,  and  the  proceedings  read  and  approved. 


SCHOOL  LAWS  OF  IOWA.  33 

treasury,  showing  the  number  of  the  order,  date,  name  of  the  person 
in  whose  favor  drawn,  the  fund  on  which  it  is  drawn,  for  what  pur 
pose  and  the   amount;  and  shall,  from   time   to   time,   furnish  the 
treasurer  with  a  transcript  of  the  same. 

SEC.  1742.  He  shall  give  ten  days'  previous  notice  of  the  district 
township  meeting  by  posting  a  written  notice  in  five  conspicuous 
places  therein,  one  of  which  shall  be  at  or  near  the  last  place  of  meet- 
ing, and  shall  furnish  a  copy  of  the  same  to  the  teacher  of  each  school 
in  session,  to  be  read  in  the  presence  of  the  pupils  thereof,  and  such 
notice  shall,  in  all  cases,  state  the  hour  of  meeting. 

SEC.  1743.  He  shall  keep  an  accurate  account  of  all  the  expenses 
incurred  by  the  district,  and  shall  present  the  same  to  the  board  of 
directors,  to  be  audited  and  paid  as  herein  provided. 

(b)  The  registry  of  orders  is  an  important  matter.    Every  order  drawn 
should  be  promptly  reported  to  the  district  treasurer,  as  he  has  no  other 
means  of  determining  the  amount  of  outstanding  orders,  otherwise  he  can- 
not comply  with  the  law  requiring  him  to  make  partial  payments.    Section 
1718  and  form  16. 

(c)  The  secretary  is  the  custodian  of  the  order  book.    He  fills  out  the 
orders  which  the  president  afterward  signs. 

(d)  The  secretary  may  not  act  as  president  or  treasurer. 

(e)  Since  the  secretary  is  the  clerical  officer  of  the  board,  and  cares  for 
the  records  of  the  district,  we  think  he  should  act  as  librarian,  unless  the 
board  select  some  other  person. 

(/)  Public  records  are  public  property,  and  are  open  to  inspection  at 
proper  times  by  any  citizen.  No  public  officer  may  refuse  examination  of 
the  records;  but  he  is  their  custodian,  and  being  charged  with  their  safe- 
keeping, he  must  keep  them  in  his  possession. 

(gf)  The  failure  of  the  secretaiy  to  record  all  the  proceedings  of  the  board 
and  of  the  district  meetings  in  separate  books,  kept  for  that  purpose,  will 
not  render  the  proceedings  void.  8  Iowa,  298. 

(h)  The  secretary,  president,  and  treasurer  must  conform  to  the  instruc- 
tions of  the  board  so  far  as  those  instructions  are  in  accordance  with  law, 
but  they  should  not  obey  the  board  when  directed  to  do  an  illegal  act. 

(i)  If  the  board  appropriate  money  to  pay  their  members,  other  than  the 
secretary  and  treasurer,  or  for  any  other  illegal  purpose,  the  president  and 
secretary  should  refuse  to  sign  the  order,  and,  if  drawn,  the  treasurer 
should  refuse  to  pay  it. 

SEC.  1742.    See  sections  1718  and  1719,  and  notes.    Form  17. 

SEC.  1743.    The  secretary  is  also  required  to  keep  an  account  current  with 
the  district  treasurer,  as  provided  by  section  1782. 
5 


34 


SCHOOL  LAWS  OF  IOWA. 


SBC.  1744.  He  shall  notify  the  county  superintendent  when  each 
school  of  the  district  begins,  and  its  length  of  term. 

SEC.  1745.  (As  amended  by  Chap.  12,  Laws  of  1876,  and  Chap.  23, 
Laws  of  isslif  .Between  the  fifteenth  and  twentieth  days  of  Septem- 
ber in  each  year,  the  secretary  of  each  school  district  shall  file  with 
the  county  superintendent  a  report  of  the  affairs  of  the  district, 
which  shall  contain  the  folio  wing  items: 

1.  The  numljker  of  persons,  male  and  female,  each  in  his  district, 
between  the  ages  of  five  and  twenty-one  years; 

2.  The  number  of  spools,  and  the  branches  taught; 

3.  The  number  of  njfpils,  and  the  average  attendance  of  the  same 
in  each  school; 

4.  The  number  of  teachers  employed,  and  the  average  compensa- 

per  week,  distinguishing  males  from  females; 
length  of  school  in  days  and  the  average  cost  o£  tuition 
perpek  for  each  pupil; 

The  text-books  used,  and  the  number  of  volumes  in  the  district 
library,  and  the  value  of  apparatus  belonging  to  the  district; 

7.  The  number  of  school-houses,  and  their  estimated  value; 

8.  The  name,  age,  and  po'st-offioe  address  of  each  deaf  and  dumb, 
and  each  blind  person  within  his  district  between  the  ages  of  five  and 
twenty-one,  including  all  who  are  deaf  and  dumb  to  such  an  extent  as 
to  be  unable  to  obtain  an  education  iwthe  common  schools;  the  number 
of  trees  set  out  and  in  thrifty  condition  on  each  school  house  grounds. 

SEC.  1744.  The  name  of  the  teacher  should  be  given,  and  any  other  in- 
formation which  will  aid  the  county  superintendent  in  planning  his  work  of 
visitation,  provided  for  in  section  1774. 

SEC.  1745.  (a)  The  blanks  for  the  annual  report  of  the  secretary  are  fur- 
nished by  the  state,  through  county  superintendents.  The  secretary  should 
record  the  report,  required  by  this  section,  in  the  district  records.  If  a  copy 
of  the  report  is  simply  filed  in  his  office,  it  is  liable  to  be  destroyed  or  mis- 
laid, which  may  prove  detrimental  to  the  interests  of  the  district.  Form  18. 

(6)  In  districts  formed  of  parts  of  two  or  more  counties,  the  secretary 
should  make  the  annual  report  to  the  county  superintendent  of  the  county 
in  which  a  majority  of  the  children  reside.  This  report  should  not  embrace 
those  children  who  reside  in  portions  of  the  district  lying  in  other  counties. 
The  remaining  number  of  children  should  be  reported  by  the  secretary  to 
the  superintendents  of  their  respective  counties. 

(c)  In  independent  districts,  it  is  the  duty  of  the  secretary  to  take  the 
annual  school  enumeration  required  by  the  first  clause  of  this  section,  unless 
the  board  assign  the  duty  to  another  person;  in  which  case,  proper  compen- 
sation should  be  given  for  the  work  required. 


SCHOOL  LAWS  OF  IOWA.  35 

SEC.  1746.  Should  the  secretary  fail  to  file  his  report,  as  above  di- 
rected, he  shall  forfeit  the  sum  of  twenty-five  dollars  and  shall  make 
good  all  losses  resulting  from  such  failure,  and  suit  shall  be  brought 
in  both  cases  by  the  district  on  his  official  bond. 

TREASURER. 

SECTION  1747.  The  treasurer  shall  hold  all  moneys  belonging  to 
the  district,  and  pay  out  the  same  on  the  order  of  the  president,  coun- 
tersigned by  the  secretary,  and  shall  keep  a  correct  account  of  all  ex- 
penses and  receipts  in  a  book  provided  for  that  purpose. 

SEC.  1746.  In  case  subdirectors  fail  to  make  their  annual  reports,  as  re- 
quired by  section  1755,  the  secretary  should  at  once  collect  the  statistics 
necessary  for  a  complete  report.  Boards  should  insist  on  promptness  in 
sending  this  report,  and  then  should  give  the  secretary  a  suitable  compen- 
sation for  his  labors.  Section  1733. 

SEC.  1747.  (a)  The  language  of  this  section  is  very  explicit.  It  makes 
the  treasurer  the  custodian  of  all  moneys  belonging  to  the  district,  which 
effectually  precludes  the  idea  of  dividing  the  money  belonging  to  any  par- 
ticular fund  among  the  subdistricts.  He  may  pay  it  out  only  on  the  order 
of  the  president,  countersigned  by  the  secretary,  and  the  president  may  sign 
no  order  unless  he  is  authorized  to  do  so  by  the  board.  Section  1733,  and 
notes  to  same,  also  section  1741,  notes  (fi)  and  (i). 

(6)  In  making  payment,  one  order  may  not  be  given  precedence  before 
another.  40  Iowa,  620. 

(c)  Neither  the  electors  nor  the  board  may  authorize  the  treasurer  to  loan 
money  belonging  to  the  district     Note  (e)  to  section  1717. 

(d)  If  any  state,  county,  township,  school  or  municipal  officer,  or  officer 
of  any  state  institution,  or  other  public  officer  within  the  state,  charged 
with  the  collection,  safe-keeping,  transfer,  or  disbursement  of  public  money, 
fails  or  refuses  to  keep  in  any  place  of  deposit  that  may  be  provided  by  law 
for  keeping  such  money,  until  the  same  is  withdrawn  therefrom  upon  war- 
rants issued  by  the  proper  officer,  or  deposits  such  money  in  any  other 
place  than  in  such  safe,  or  unlawfully  converts  to  his  own  use  in  any  way 
whatever,  or  use  by  way  of  investment  in  any  kind  of  property,  or  loan  with- 
out the  authority  of  law  any  portion  of  the  public  money  entrusted  to  him 
for  collection,  safe-keeping,  transfer,  or  disbursement,  or  converts  to  his 
own  use  any  money  that  may  come  into  his  hands  by  virtue  of  his  office, 
shall  be  guilty  of  embezzlement  to  the  amouut  of  so  much  of  said  money  as 
is  thus  taken,  converted,  invested,  used,  loaned,  or  unaccounted  for,  and 
upon  conviction  thereof  he  shall  be  imprisoned  in  the  penitentiary  not  ex- 
ceeding five  years,  and  fined  in  a  sum  equal  to  the  amount  of  money  embez- 
zled, and,  moreover,  is  forever  after  disqualified  from  holding  any  office 
under  the  laws  or  constitution  of  this  state.    Section  3908,  Code. 


36  SCHOOL  LAWS  OF  IOWA. 

SEC.  1748.  The  money  collected  by  district  tax  for  the  erection  of 
school-houses  and  for  the  payment  of  debts  contracted  for  the  same, 
shall  be  called  the  school-house  fund;  that  designed  for  rent,  fuel, 
repairs,  and  all  other  contingent  expenses  necessary  for  keeping  the 
schools  in  operation,  the  contingent  fund;  and  that  received  for  the 
payment  of  teachers,  the  teachers'  fund;  and  the  district  treasurer 
shall  keep  with  each  fund  a  separate  account,  and  shall  pay  no  order 
which  does  not  specify  the  fund  on  which  it  is  drawn,  and  the  specific 
use  to  which  it  is  applied.  If  he  have  not  sufficient  funds  in  his 
hands  to  pay  in  full  the  warrants  drawn  on  the  funds  specified,  he  shall 
make  a  partial  payment  thereon,  paying  as  near  as  may  be  an  equal 
proportion  of  each  warrant. 

SEC.  1749.  He  shall  receive  all  moneys  apportioned  to  the  district 
township  by  the  county  auditor,  and  also  all  money  collected  by  the 
county  treasurer  on  the  district  school  tax  levied  for  his  district. 

SEC.  1748.  (a)  Minor  improvements,  such  as  the  erection  of  ordinary  out- 
houses, fences,  etc.,  may  be  paid  for  from  either  the  contingent  or  school- 
house  fund.  Ordinary  repairs  should  be  charged  to  the  contingent  fund; 
but  when  such  repairs  assume  the  magnitude  of  a  rebuilding,  or  of  an  ex- 
tensive addition,  they  should  be  charged  to  the  school-house  fund. 

(6)  The  cost  of  seating  new  school-houses  should  be  paid  from  the  school- 
house  fund.  The  law  does  not  authorize  the  use  of  the  contingent  fund  for 
the  erection  or  completion  of  school- houses,  but  when  a  house  needs  reseat- 
ing or  other  repairs,  the  cost  may  be  defrayed  either  from  the  contingent 
fund,  or  from  any  unappropriated  school  house  fund  in  the  treasury.  25 
Iowa,  436. 

(c)  Since  the  board  receive  no  pay  for  their  services,  if  they  subscribe 
for  any  journal  containing  the  official  rulings  and  decisions  of  this  depart- 
ment to  aid  them  in  their  work,  they  have  the  right  to  pay  for  the  same 
from  the  contingent  fund. 

(d)  Boards  have  no  authority  to  transfer  money  from  one  fund  to  an- 
other, even  temporarily,  unless  they  are  authorized  under  section  1717,  sub- 
section 4,  to  transfer  school-house  fund  to  either  of  the  other  funds. 

(e)  The  teachers'fund  should  not  be  divided  among  the  subdistricts, 
neither  equally  nor  according  to  the  number  of  children,  nor  upon  any 
other  basis.    This  fund  can  be  paid  out  only  to  teachers  for  services  per- 
formed, upon  orders  authorized  by  the  board. 

(/)  The  board  should  grant  a  compensation  to  be  paid  teachers  accord- 
ing to  the  circumstances  and  requirements  of  each  subdistrict.  Note  (d)  to 
section  1753. 


SCHOOL  LAWS  OF  IOWA.  37 

SEC.  1750.  He  shall  register  all  orders  on  the  district  treasury  re- 
ported to  him  by  the  secretary,  showing  the  number  of  the  order, 
date,  name  of  the  person  in  whose  favor  drawn,  the  fund  on  which  it 
is  drawn,  for  what  purpose,  and  the  amount. 

SEC.  1751.  (As  amended  by  Chap.  112,  Laws  of  1876.)  ~He  shall 
render  a  statement  of  the  finances  of  the  district  from  time  to  time, 
as  may  be  required  by  the  board  of  director?,  and  his  books  shall 
always  be  open  for  inspection.  He  shall  make  to  the  board,  on  the 
third  Monday  in  September,  a  full  and  complete  annual  report,  em- 
bracing: 

1.  The  amount  of  teachers'  fund  held  over,  received,  paid  out,  and 
on  hand. 

2.  The  amount  of  contingent  fund  held  over,  received,  paid  out, 
and  on  hand. 

SEC.  1750.  The  register  provided  for  in  this  section  is  indispensable  to 
the  treasurer,  under  the  law  requiring  him  to  make  partial  payments  on  or- 
ders, when  he  has  not  funds  sufficient  to  pay  them  in  full.  Section  1748.  It 
is  essential  that  he  should  know  the  exact  amount  of  outstanding  orders, 
and  for  this  reason  the  secretary  is  required  to  report  to  him  all  orders 
drawn  on  the  district  treasury.  Section  1741,  note  (6),  and  form  16. 

SEC  1751.  (a)  The  blanks  for  the  annual  report  of  the  treasurer  are 
furnished  by  the  state,  through  county  superintendents.  The  reports  should 
be  made  according  to  form  20. 

(6)  Treasurers  should  take  pains  to  mail  a  copy  of  this  report  at  once  to 
the  county  superintendent,  as  only  by  timely  attention  on  the  part  of  treas- 
urers, can  the  county  superintendent  compile  and  forward  his  annual  re- 
port to  the  superintendent  of  public  instruction,  on  the  first  Tuesday  in 
October.  Sections  1772  and  1773. 

(c)  The  treasurer  is  responsible  for  all  moneys  coming  into  his  hands  by 
virtue  of  his  office,  even  if  stolen  or  destroyed  by  fire.    The  board  have  no 
authority  to  release  him,  unless  he  accounts  in  full  for  all  moneys  received 
by  virtue  of  his  office.    Iowa  Reports,  37,  550;  39,  9. 

(d)  When  the  incumbent  of  an  office  is  re-elected,  he  shall  qualify  as 
above  directed;  but  when  the  re-elected  officer  has  had  public  funds  or  prop- 
erty in  his  control,  under  color  of  his  office,  his  bond  shall  not  be  approved 
until  he  has  produced  and  fully  accounted  for  such  funds  and  property  to 
the  proper  person  to  whom  he  should  account  therefor;  and  the  officer  or 
board  approving  the  bond  shall  indorse  upon  the  bond,  before  its  approval, 
the  fact  that  the  said  officer  has  fully  accounted  for  and  produced  all  funds 
and  property  before  that  time  under  his  control  as  such  officer;  and  when  it 
is  ascertained  that  the  incumbent  holds  over  another  term  by  reason  of  the 
non-election  of  a  successor,  or  for  the  neglect  or  refusal  of  the  successor  to 


38 


SCHOOL  LAWS  OF  IOWA. 


3.  The  amount  of  school  house  fund  held  over,  received,  paid  out, 
and  on  hand. 

He  shall  immediately  file  a  copy  of  said  report  with  the  county 
superintendent,  and  for  failure  to  file  said  report  he  shall  forfeit  the 
sum  of  twenty-five  dollars,  to  be  recovered  by  suit  brought  by  the  dis- 
trict, on  his  official  bond. 

SUBDIRECTOR. 

SECTION  1752.  Each  subdirector  shall,  on  or  before  the  third  Mon- 
day in  March  following  his  election,  appear  before  some  officer  qual- 
ified to  administer  oaths,  and  take  an  oath  to  support  the  constitution 
of  the  United  States,  and  that  of  the  state  of  Iowa,  and  that  he  will 
faithfully  discharge  the  duties  of  his  office,  and  in  case  of  failure 
to  qualify,  his  office  shall  be  deemed  vacant. 

SEC.  1753.  The  subdirector,  under  such  rules  and  restrictions  a» 
the  board  of  directors  may  prescribe,  shall  negotiate  and  make  in 
his  subdistrict  all  necessary  contracts  for  providing  fuel  for  schools, 

qualify  he  shall  qualify  anew  within  a  time  to  be  fixed  by  the  officer  who 
approves  of  the  bonds  of  such  officers.    Section  690,  Code. 

(e]  In  making  settlement,  the  board  may  submit  a  difference  with  the 
treasurer,  to  arbitration.  70  Iowa,  65. 

SEC.  1752.  (a)  la  case  a  subdirector  elect  fails  to  qualify  by  the  third 
Monday  in  March,  the  incumbent  holds  over  another  year,  and  should  re- 
new his  oath  of  office.  As  soon  as  it  is  ascertained  that  he  holds  over,  he 
may  be  required  to  qualify  within  a  time  to  be  prescribed  by  the  board. 
Section  6£0,  Code,  also  note  (a)  to  section  1730. 

(fc)  Any  school  director  or  director  elect  is  authorized  to  administer  to  a 
school  director  elect  the  official  oath  required  by  law,  but  the  secretary  can- 
not administer  this  oath  unless  he  is  a  member  of  the  board,  a  magistrate, 
or  a  notary  public. 

(c)  If  a  person  is  elected  as  his  own  successor  and  fails  to  qualify  by  the 
third  Monday  in  March,  a  vacancy  exists,  which  is  filled  by  appointment. 

(d)  A  director  may  take  the  oath  of  qualification  at  any  time  between 
the  day  of  election  and  the  third  Monday  in  March.    53  Iowa,  687. 

SEC.  1753.  (a)  The  subdirector  is  clothed  with  certain  general  powers 
by  this  section,  but  these  are  to  be  exercised  under  the  direction  of 
the  board.  The  board  may  restrict  him,  for  example,  as  to  when  he  shall 
employ  teachers,  for  how  long  a  time,  at  what  compensation,  and  even  whom 
he  shall  not  employ;  the  extent  of  repairs,  and  prices  paid  for  same;  and  the 
amount  and  cost  of  fuel.  Iowa  Reports,  35,  361;  40,369.  Note  to  section 
1737,  and  form  21. 


SCHOOL  LAWS  OF  IOWA.  39 

employing  teachers,  repairing  and  furnishing  school-houses,  and  for 
making  all  other  provisions  necessary  for  the  convenience  and  pros- 
perity of  the  schools  within  his  subdistrict,  and  he  shall  have  the 
control  and  management  of  the  school-house  unless  otherwise  or- 
dered by  a  vote  of  the  district  township  meeting.  All  contracts 
made  in  conformity  with  the  provisions  of  this  section  shall  be  ap- 

(5)  When  a  teacher  or  other  person  is  about  to  enter  into  a  contract  with 
a  subdirector,  he  knows  that  he  is  dealing  with  a  public  agent  whose  powers 
are  subject  to  regulation  and  restriction  by  the  board;  he  is  bound  to  know 
what  these  rules  and  restrictions  are,  and  should  be  governed  accordingly. 
35  Iowa,  361. 

(c)  The  district  township  is  bound  by  the  contract  of  a  subdirector,  when 
made  according  to  instructions  by  the  board.    35  Iowa,  361. 

(d)  The  board  should  fix  the  wages  to  be  paid  in  each  subdistrict  at  such 
a  figure  as  will  enable  each  subdirector  to  secure  a  teacher  qualified  to 
govern  and  instruct  his  school. 

(e)  Each  subdirector  has  exclusive  control  of  the  school  house  in  his  sub- 
district,  unless  the  district  township  meeting  has  otherwise  ordered. 

(f)  Special  powers  delegated  to  the  subdirector  by  the  law,  as,  for  in- 
stance, the  control  of  the  school-house  in  his  own  subdistrict,  section  1753, 
and  the  right  to  determine  whether  scholars  may  attend  from  or  in  an  ad- 
joining subdistrict,  section  1795,  cannot  be  assumed  by  the  board. 

(gf)  It  is  proper  to  permit  the  use  of  school-houses  for  the  purpose  of  pub- 
lic worship  on  Sunday,  or  for  religious  services,  public  lectures  on  moral  or 
scientific  subjects,  or  meetings  on  questions  of  public  interest,  on  the  even- 
ings of  the  week,  or  at  any  time  when  such  use  will  not  interfere  with  the 
regular  process  of  the  school.  35  Iowa,  194. 

(h)  The  subdirector  in  district  townships,  or  the  board  in  independent 
districts,  should  require  from  parties  desiring  to  use  the  school -house,  se- 
curity for  its  proper  use,  and  protection  from  other  injury  than  natural  wear. 

(i)  The  use  of  a  public  school  building  for  Sabbath- schools,  religious 
meetings,  debating  clubs,  temperance  meetings,  and  the  like,  is  proper. 
Especially  is  this  so,  where  abundant  provision  is  made  for  securing  any 
damages  which  the  tax-payer  may  suffer  by  reason  of  the  use  for  the  pur- 
poses named.  The  use  of  a  school-house  for  such  purposes,  when  BO  author- 
ized, is  not  prohibited  by  section  3,  article  1,  of  the  constitution.  60  Iowa,  11. 

( j)  If  any  person  willfully  write,  make  marks,  or  draw  characters  on  the 
walls  or  any  other  part  of  any  church,  college,  academy,  school-house,  court- 
house, or  other  public  building;  or  willfully  injure,  or  deface  the  same,  or 
any  wall  or  fence  inclosing  the  same,  he  shall  be  punished  by  fine  not  ex- 
ceeding one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
more  than  thirty  days.  Section  3986,  Code. 


40  SCHOOL  LAWS  OF  IOWA. 

proved  by  the  president  and  reported  to  the  board  of  directors,  and 
said  board,  in  their  corporate  capacity,  shall  be  responsible  for  the 
performance  of  the  same  on  the  part  of  the  district  township. 

SEC.  1754.  'He  shall,  between  the  first  and  tenth  days  of  Septem- 
ber of  each  year,  prepare  a  list  of  the  names  of  the  heads  of  fami- 
lies in  his  subdistrict,  together  with  the  number  of  children  be- 
tween the  ages  of  five  and  twenty  one  years,  distinguishing  males 
from  females,  and  shall  record  the  same  in  a  book  kept  for  that 
purpose. 

SEC.  1755.  He  shall,  between  the  tenth  and  fifteenth  days  of  Sep- 
tember of  each  year,  report  to  the  secretary  of  the  district  town- 
ship, the  number  of  persons  in  his  subdistrict  between  the  ages  of 
five  and  twenty-one  years,  distinguishing  males  from  females. 

SEC.  1756.  He  shall  have  power,  with  the  concurrence  of  the 
president  of  the  board  of  directors,  to  dismiss  any  pupil  from  the 
schools  in  his  subdistriot  for  gross  immorality,  or  for  persistent  vio- 
lation of  the  regulations  of  the  schools,  and  to  re- admit  them,  if 
he  deems  proper  so  to  do;  and  shall  visit  the  schools  in  his  sub- 
district  at  least  twice  during  each  term  of  said  school. 

(k)  The  president  may  be  compelled  by  mandamus  to  give  his  approval 
of  a  contract  made  in  accordance  with  a  vote  of  the  board.  56  Iowa,  673. 

(I)  The  board  may  pass  a  resolution  that  teachers  shall  receive  their  pay 
monthly,  upon  the  certificate  of  the  subdirector,  or  of  a  committee  of  the 
board,  that  the  required  time  has  been  taught. 

SEC.  1755.  (a)  The  failure  of  subdirectors  to  make  their  reports,  as  re- 
quired by  this  section,  will  reduce  the  semi-annual  apportionments  for  the 
year,  since  they  are  made  upon  the  enumeration  of  persons  of  school  age. 

(5)  Children  at  a  state  institution,  or  a  private  school,  should  not  be 
enumerated,  unless  they  actually  reside  in  the  district. 

SEC.  1756.  (a)  The  law  does  not  provide  that  the  board  are  compelled  to 
give  scholar  or  parents  notice  or  chance  for  defense,  before  ordering  bus- 
pension  or  expulsion  of  the  scholar.  The  board  have  large  discretionary 
powers.  This  is  one  of  the  matters  which  come  wholly  within  their  discre- 
tion. Notes  to  section  1735,  and  School  Law  Decisions,  130. 

(b)  A  careful  investigation  of  the  charges  against  the  scholar  should  be 
made  before  he  is  dismissed. 

(c)  The  action  of  the  subdirector  and  president  in  dismissing  a  scholar 
remains  in  force  for  the  term  only. 

(d)  The  teacher  has  control  over  scholars  during  school  hours,  within 
reasonable  limits,  unless  restricted  by  a  rule  of  the  board.    He  may  require 
a  scholar  to  remain  in  his  seat  during  recess,  as  a  punishment.    However,  it 
is  not  wise  to  deprive  children,  to  any  great  extent,  of  the  exercise  necessary 
to  their  physical  well-being. 


SCHOOL  LAWS  OF  IOWA. 


TEACHEES. 


41 


SECTION  1757.  (As  amended  by  Chap.  60,  Laws  of  1888.)  All 
contracts  with  teachers  shall  be  in  writing,  specifying  the  length  of 
time  the  school  is  to  be  taught,  in  weeks,  the  compensation  per 
week,  or  per  month  of  four  weeks,  and  such  other  matters  as  may 
be  agreed  upon;  and  shall  be  signed  by  the  eubdirector  or  secretary 
and  teacher,  and  be  approved  by  and  filed  with  the  president  be- 

SEC.  1757.  (a)  All  contracts  made  by  the  subdirector,  under  section  1753, 
must  be  approved  by  the  president  and  reported  to  the  board. 

(&)    The  teacher's  certificate  should  be  shown  before  signing  contract. 

(c)  All  matters  agreed  upon  should  be  incorporated  into  the  written  con- 
tract.   The  tendency  of  our  courts  is  to  presume  that  the  written  contract 
embraces  the  entire  agrement  of  the  parties.    52  Iowa,  130. 

(d)  Without  special  mention  in  the  teacher's  contract,  it  is  understood 
that  only  the  common  branches  are  expected  to  be  taught. 

(e)  The  board,  for  what  seem  to  them  good  reasons,  may  order  a  short 
vacation.    But  they  cannot  shorten  the  term  included  in  the  contract,  with- 
out the  consent  of  both  parties. 

(/ )  It  is  lawful  for  a  board  to  give  teachers  holidays  and  not  deduct  pay 
pay,  and  quite  usual.  The  teacher,  however,  may  not  claim  it  as  a  right. 

(y)  It  is  the  duty  of  the  subdirector  to  file  the  teacher's  contract  at  once 
with  the  president  of  the  board,  and  secure  his  approval.  A  copy  must  also 
be  tiled  with  the  secretary.  Section  1757. 

(h)  If  a  subdirector  is  employed  to  teach  the  school  in  his  own  subdistrict 
he  should  contract  with  the  board,  or  with  a  committee  appointed  for  that 
purpose  by  the  board. 

(t)  The  approval  of  the  teacher's  contract  by  the  president  is  a  manda- 
tory act,  which  he  cannot  refuse  to  perform,  unless  the  contract  is  drawn  at 
variance  with  instructions  from  the  board,  or  otherwise  violates  law. 

(j)  The  board  may  authorize  the  president  and  secretary  to  draw  orders 
to  pay  teachers'  salaries  at  the  end  of  each  school  month,  upon  proper  evi- 
dence that  the  service  has  been  performed.  Note  (I)  to  section  1753. 

(k)  If  a  teacher  is  at  the  school-house  at  the  proper  time,  and  remains 
during  school  hours,  he  is  entitled  to  pay  therefor,  according  to  his  contract, 
whether  scholars  are  present  or  not. 

(I)  If  the  school-house  is  destroyed,  or  the  school  is  closed  indefinitely  by 
causes  beyond  the  control  of  either  party  to  the  contract,  the  teacher  being 
ready  to  comply  with  his  part,  can  collect  pay  according  to  contract.  If 
said  teacher  uses  proper  diligence  to  secure  employment  at  something  which 
he  can  do,  and  secures  such  employment,  the  district  will  pay  him  the  dif- 
ference between  the  amount  received  in  his  new  work  and  the  amount  of 
6 


42  SCHOOL  LAWS  OF  IOWA 

fore  the  teacher  enters  upon  the  discharge  of  his  duties,  and  a  copy 
of  all  such  contracts  shall  also  be  filed  with  the  secretary  of  the 
board  by  the  subdirector,  before  the  teacher  enters  upon  the  dis- 
charge of  his  duties. 

SEC.  1758.  No  person  shall  be  employed  to  teach  a  common  school 
which  is  to  receive  its  distributive  share  of  the  school  fund  unless 
he  shall  have  a  certificate  of  qualification  signed  by  the  county 
superintendent  of  the  county  in  which  the  school  is  situated,  or  by 
some  other  officer  duly  authorized  by  law;  and  any  teacher  who 
commences  teaching  without  such  certificate  shall  forfeit  all  claim  to 
compensation  for  the  time  during  which  he  teaches  without  such 
certificate. 

SEC.  1759.  The  teacher  shall  keep  a  correct  daily  register  of  the 
school,  which  shall  exhibit  the  number  or  other  designation  thereof, 
township  and  county  in  which  the  school  is  kept;  the  day  of  the 

his  wages  under  contract.  In  other  words,  his  actual  loss  should  be  made 
good.  Opinion  of  Attorney- General. 

(m)  Section  2976,  Code,  provides  that  a  municipal  or  political  corporation 
shall  not  be  garnished.  However,  the  corporation  may  waive  exemption 
from  this  process.  25  Iowa,  315. 

SEC.  1758.  (a)  The  only  legal  certificates,  besides  those  given  by  county 
superintendents,  are  the  perpetual  state  certificates,  issued  by  the  educa- 
tional board  of  examiners,  prior  to  September,  1873,  when  said  board  was 
abolished,  and  state  certificates  and  diplomas  given,  as  provided  by  chapter 
167,  laws  of  1882. 

(6)  The  teacher  must  have  a  certificate  during  the  whole  term  of  school. 
He  is  not  authorized  to  teach  a  single  day  beyond  the  period  named  in  his 
certificate. 

(c)  In  case  of  the  temporary  absence  of  a  teacher,  from  sickness  or  other 
cause,  the  place  should  be  supplied  with  some  person  duly  authorized  to 
teach,  selected  by  the  subdirector.     The  supply  should  be  paid  by  the 
teacher  whose  place  is  filled. 

(d)  In  case  a  person  is  employed  or  continued  as  a  teacher  in  violation  of 
law  without  a  certificate,  a  resident  of  the  district  may  sue  out  a  writ  of 
injunction  restraining  the  person  from  teaching  and  the  district  from  pay- 
ing.   Such  a  writ  cannot  be  served  at  the  instance  of  the  county  superin- 
tendent.   17  Iowa,  228.     Boards  employing  and  paying  such  teachers  are 
liable  to  prosecution  under  the  provisions  of  the  general  statutes  for  misap- 
plication of  funds.    Sections  3965,  3966  and  3967,  Code. 

SEC.  1759.  (a)  The  teacher  may  be  held  responsible  for  the  efficient  dis- 
charge of  every  duty  properly  attaching  to  his  office,  including  the  exercise 
of  due  diligence  in  the  oversight  and  preservation  of  school  buildings, 


SCHOOL  LAWS  OF  IOWA.  43 

week,  the  month  and  year;  the  name,  age,  and  attendance  of  each 
pupil,  and  the  branches  taught.  When  scholars  reside  in  different 
districts  a  register  shall  be  kept  for  each  district. 

SEC.  1760.  The  teacher  shall,  immediately  after  the  close  of  his 
school,  file  in  the  office  of  the  secretary  of  the  board  of  director**,  * 
certified  copy  of  the  register  aforesaid. 

GENERAL   PROVISIONS. 

SECTION  1761.  A  school  month  shall  consist  of  four  weeks  of  five 
school  days  each. 

SEC.  1762.  During  the  time  of  holding  a  teachers'  institute  in 
any  county,  any  school  that  may  be  in  session  in  such  county  shall 
be  closed;  and  all  teachers,  and  persons  desiring  a  teacher's  certif- 
icate, shall  attend  such  institute,  or  present  to  the  county  superin- 
tendent satisfactory  reasons  for  not  so  attending,  before  receiving 
such  certificate. 

grounds,  furniture,  apparatus,  and  other  school  property,  as  well  as  the  more 
prominent  work  of  instruction  and  government. 

(5)  Making  fires  and  sweeping  the  school- room  are  not,  properly,  a  part 
of  the  teacher's  duties.    In  rural  districts  teachers  frequently  perform  this 
labor  as  a  matter  of  convenience  and  economy.   Those  unwilling  to  perform 
this  work,  or  who  expect  to  receive  pay  for  it  should  so  stipulate  with  the 
subdirector  when  entering  into  the  contract  to  teach.    Note  (c)  to  section 
1757.    S.  L.  Decisions,  106. 

(c)  Parties  doing  damage  to  school  property  are  responsible  for  the  same. 
The  teacher  is  bound  to  exercise  reasonable  care  to  protect  and  preserve 
school  property,  and  failing  to  do  so  may  be  held  liable  for  damages. 

SEC.  1760.  The  secretary  of  the  district  should  refuse  to  give  an  order  for 
the  last  month  of  the  teacher's  wages  until  the  register  is  filed  in  his  office 
as  required  by  this  section.  Without  this  register  he  cannot  make  the  re- 
port required  by  section  1745.  Form  24. 

SEG.  1761.  (a)  There  are  no  holidays  during  which  teachers  are  exempt 
from  teaching,  unless  excused  by  the  board.  A  legal  contract  requires 
twenty  days  of  actual  service  for  a  month. 

(6)  There  is  no  provision  of  law  giving  teachers  time  to  visit  other 
schools.    Boards  may,  however,  grant  holidays  for  that  purpose. 

(c)  Custom  fixes  the  maximum  length  of  the  school  day  at  six  hours . 
The  board  may  shorten  this  time  somewhat,  if  thought  best. 

SEC.  1762.  It  may  be  questioned  whether  the  provisions  of  this  section 
apply  to  the  present  normal  institutes,  held  under  section  1769. 


44  SCHOOL  LAWS  OF  IOWA. 

SEC.  1763.  The  electors  of  any  school  district  at  any  legally 
called  school  meeting,  may,  by  a  vote  of  a  majority  of  the  electors 
present,  direct  the  German  or  other  language  to  be  taught  as  a  branch 
in  one  or  more  of  the  schools  of  said  district,  to  the  scholars  attend- 
ing the  same  whose  parents  or  guardians  may  so  desire;  and  there- 
upon such  board  of  directors  shall  provide  that  the  same  be  done; 
provided  that  all  other  branches  taught  in  said  school  or  schools 
shall  be  taught  in  the  English  language;  provided  further  that  the 
person  employed  in  teaching  the  said  branches  shall  satisfy  the 
county  superintendent  of  his  ability  and  qualifications,  and  receive 
from  him  a  certificate  to  that  effect. 

SEC.  1764.  The  Bible  shall  not  be  excluded  from  any  school  or  in- 
stitution in  this  state,  nor  shall  any  pupil  be  required  to  read  it  con- 
trary to  the  wishes  of  his  parent  or  guardian. 

SEC.  1763.  A  teacher  who  instructs  in  any  of  the  languages  referred  to  in 
addition  to  other  work  as  teacher,  must  have  the  certificate  required  by  this 
section,  additional  to  the  one  demanded  by  the  first  part  of  section  1766; 
but  a  teacher  who  teaches  only  one  or  more  of  the  languages  referred  to 
above,  or  any  other  special  branch  may  be  required  to  have  a  certificate  for 
such  branch,  as  provided  by  the  last  part  of  section  1766,  and  need  not  have 
the  other  certificate,  unless  desired. 

SEC.  1764.  (a)  Our  common  schools  are  maintained  at  public  expense, 
and  the  law  contemplates  that  they  shall  be  equally  free  to  persons  of  every 
faith.  A  very  suitable  devotional  exercise  consists  in  reading  a  portion  of 
Scripture  without  comment,  and  the  repetition  of  the  Lord's  Prayer. 

(6)  While  moral  instruction  should  be  given  in  every  school,  neither  this 
section  nor  the  spirit  of  our  constitution  and  laws,  will  permit  a  teacher  or 
board  to  enforce  a  regulation  in  regard  to  religious  exercises,  which  will 
wound  the  conscience  of  any,  and  no  scholar  can  be  required  to  conform  to 
any  particular  mode  of  worship.  64  Iowa,  367. 

(c)  The  diversion  of  the  school  fund  in  any  form  or  to  any  extent  for  the 
support  of  sectarian  or  private  schools  is  inadmissible  and  clearly  in  viola-, 
tion  of  our  laws. 

(d)  Public  money  shall  not  be  appropriated,  given,  or  loaned  by  the  cor- 
porate authorities,  supervisors,  or  trustees  of  any  county,  township,  city  or 
town,  or  municipal  organization  of  this  state,  to,  or  in  favor  of,  any  insti- 
tution, school,  association,  or  object,  which  is  under  ecclesiastical  or  secta- 
rian management  or  control.    Section  552,  Code. 


SCHOOL  LAWS  OF  IOWA,  45 

COUNTY    SUPERINTENDENT. 

SECTION  1765.  The  county  superintendent  shall  not  hold  any  office 
in,  or  be  a  member  of  the  board  of  directors  of  a  district  township 
or  independent  district,  or  of  the  board  of  supervisors  during  the 
time  of  his  incumbency. 

SEC.  1766.  (As  amended  by  Chap.  143,  Laws  of  1878.)  On  the 
last  Saturday  of  each  month,  the  county  superintendent  shall  meet 
all  persons  desirous  of  passing  an  examination,  and  for  the  transac- 
tion of  other  business  within  his  jurisdiction,  in  some  suitable  room 
provided  for  that  purpose  by  the  board  of  supervisors  at  the  county  seat, 
at  which  time  he  shall  examine  all  such  applicants  for  examination  as 
to  their  competency  and  ability  to  teach  orthography,  reading,  writing, 
arithmetic,  geography,  English  grammar,  physiology  and  history  of 
the  United  States;  and  in  making  such  examination,  he  may,  at  his 
option,  call  to  his  aid  one  or  more  assistants.  Teachers  exclusively 
teaching  music,  drawing,  penmanship,  book-keeping,  German  or 
other  language,  shall  not  be  required  to  be  examined  except  in  refer- 
ence to  such  special  branch,  and  in  such  cases  it  shall  not  be  lawful 
to  employ  them  to  teach  any  branch  except  such  as  they  shall  be  ex- 
amined upon  and  which  shall  be  stated  in  the  certificate. 

SEC.  1766.  (a)  This  is  a  most  important  and  difficult  labor.  Written 
examinations  afford  a  good  test  of  scholarship,  and  furnish  the  basis  of  a 
permanent  record.  The  examination  should  be  thorough,  to  determine  the 
attainments  of  the  applicant  in  the  branches  he  is  expected  to  teach. 

(b)  Applications  made  at  other  times  should  be  rejected,  unless  good  rea- 
sons are  given  for  not  attending  the  regular  examinations.    The  interests 
of  the  schools  do  not  require  frequent  or  individual  examinations,  and  the 
time  of  the  superintendent  can  be  more  profitably  employed  in  the  perform- 
ance of  other  duties.    49  Iowa,  245. 

(c)  We  think  the  ability  to  teach  the  different  branches  may  be  best  de- 
termined by  actual  observation  of  the  teacher's  work  in  his  school.    A 
searching  and  skillfully  conducted  oral  examination  in  methods  will  test 
the  applicant's  ability  to  instruct. 

(d)  If  it  is  desired  that  branches  additional  to  those  included  in  every 
teacher's  certificate  shall  be  taught,  such  fact  should  be  mentioned  as  a  part 
of  the  contract,  and  the  teacher  is  required  to  have  the  certificate  for  such 
additional  branch  or  branches,  before  beginning  to  teach.    Section  1763. 

(e)  It  is  the  intention  of  the  law  that  the  study  of  physiology  and  hy- 
giene with  special  reference  to  the  effects  of  alcoholic  drinks,  stimulants 
and  narcotics,  shall  have  equal  rank  and  be  considered  of  the  same  impor- 
ance  as  other  branches  of  study. 


46  SCHOOL  LAWS  OF  IOWA. 

SBC.  1767.  If  the  examination  is  satisfactory,  and  the  superintend- 
ent is  satisfied  that  the  respective  applicants  possess  a  good  moral 
character,  and  the  essential  qualifications  for  governing  and  instruct- 
ing children  and  youth,  he  shall  give  them  a  certificate  to  that  effect, 
for  a  term  not  exceeding  one  year. 

SBC.  1768.  Any  school  officer  or  other  person  shall  be  permitted 
to  be  present  at  the  examination;  and  the  superintendent  shall  make 
a  record  of  tha  name,  residence,  age,  and  date  of  examination  of  all 
persons  so  examined,  distinguishing  between  those  to  whom  he  issued 
certificates  and  those  rejected. 

SEC.  1767.  (a)  County  superintendents  should  remember  that  they  are 
to  inquire,  not  only  into  the  literary  qualifications  of  the  applicant,  but 
they  must  also  certify  that  they  are  satisfied  that  the  applicant  possesses  a 
good  moral  character,  and  the  essential  qualifications  for  governing  and  in- 
structing children  and  youth.  Form  25. 

(6)  Scholarship,  good  moral  character,  ability  to  govern,  aptness  to 
teach, — our  law  requires  all  these  qualifications  in  those  to  whom  are  in- 
trusted the  highest  interests  of  the  state,  the  education  of  its  youth. 

(c)  Applicants  may  be  required  to  present  such  evidences  of  good  moral 
character  as  the  county  superintendent  shall  demand.    The  superintendent 
should  be  fully  satisfied  in  every  particular  mentioned  in  the  law,  before 
issuing  the  certificate. 

(d)  The  county  superintendent  is  sole  j  udge  of  the  manner  and  extent  of 
the  examination.    62  Iowa,  111. 

(c)  After  ascertaining  the  general  attainments  of  teachers,  inspection  of 
their  school  work  should  determine  largely  the  grade  of  certificate. 

( /")  The  law  fixes  only  the  maximum  time  for  which  a  certificate  may  be 
given.  The  minimum  is  left  to  the  discretion  of  the  county  superintendent, 
but  it  is  desirable  in  the  case  of  advanced  teachers,  to  make  the  time  as 
near  one  year  as  possible. 

(g)  For  many  years,  county  superintendents  have  been  limited  as  to  the 
minimum  age  of  those  receiving  certificates.  The  restriction  has  given 
almost  universal  satisfaction.  It  is  believed  that  In  general,  boys  under 
nineteen,  and  girls  under  seventeen  years  of  age,  may  not  be  expected  to 
possess  that  maturity  of  mind  and  strength  of  character  needed  to  manage 
a  school  successfully,  and  to  determine  wisely  the  many  important  ques- 
tions daily  demanding  an  answer  from  the  teacher. 

SEC.  1768.  (a)  The  record  required  by  this  section,  should  be  carefully 
made,  as  the  items  form  a  part  of  the  county  superintendent's  annual  re- 
port to  the  superintendent  of  public  instruction. 

(&)    The  renewal  or  indorsement  of  certificates  is  not  provided  for  by  law. 

(c)  By  the  next  section,  the  county  superintendent  is  made  responsible  to 
the  institute  fund  for  one  dollar  from  every  applicant. 


SCHORL  LAWS  OF  IOWA.  47 

SEC.  1769.  (As  amended  by  Chap.  57,  Laws  of  1874,  and  Chap.  54, 
Laws  of  1878.)  The  county  superintendent  shall  hold,  annually,  a 
normal  institute  for  the  instruction  of  teachers  and  those  who  may 
desire  to  teach,  and  with  the  concurrence  of  the  superintendent  of 
public  instruction,  procure  such  assistance  as  may  be  necessary_Jto_ 
conduct  the  same,  at  such  time  as  the  schools  in  the  county  are  gen- 
erally  closed.  To  defray  the  expenses  of  said  institute,  he  shall  re' 
quire  the  payment  of  a  registration  fee  of  one  dollar  from  each  per- 
son attending  the  normal  institute,  and  shall  also  require  the  payment, 
in  all  cases,  of  one  dollar  from  every  applicant  for  a  certificate.  He 
shall,  monthly,  and  at  the  close  of  each  institute,  transmit  to  the 
county  treasurer,  all  moneys  so  received,  including  the  state  appro- 
priation for  institutes,  to  be  designated  the  institute  fund;  together 
with  a  report  of  the  name  of  each  person  so  contributing,  and  the 

SEC.  17«9.  (a)  The  normal  institute  must  be  held  at  a  time  when  the 
public  schools  are  generally  closed. 

(6)  County  superintendents  will  determine  the  time  and  place,  and  sug- 
gest names  of  conductor  and  instructors  for  approval,  making  application 
to  the  superintendent  of  public  Instruction  according  to  form  28,  at  least 
thirty  days  before  the  institute  is  to  commence.  This  application  and  the 
appointment  are  necessary  to  secure  the  state  appropriation. 

(c)  The  length  of  time  during  which  the  normal  institute  shall  remain  in 
session  is  left  to  the  discretion  of  the  county  superintendent.    This  will  de- 
pend largely  upon  the  amount  of  the  institute  fund.    It  cannot  remain  in 
session  less  than  one  week  of  six  days.    Section  1584. 

(d)  Young  and  inexperienced  teachers  will  not  expect  to  receive  certifi- 
cates, unless  of  the  lowest  grade,  without  regularly  attending  the  normal 
institute.    By  means  of  the  large  fund  and  the  length  of  time  this  institute 
may  remain  in  session,  it  can,  if  the  proper  means  are  employed,  be  ren- 
dered invaluable  to  teachers.    The  benefits  which  they  will  receive  should 
secure  their  voluntary  and  general  attendance. 

(e)  A  conductor  of  successful  experience  in  institute  work,  able  to  give 
plain,  practical  instruction  in  methods  of  school  organization,  government 
and  teaching,  should  be  secured  early.    The  other  instructors  should  be 
superior  teachers  of  recent  experience,  and,  where  practicable,  one  or  more 
lady  teachers  should  be  employed. 

(/)  Poor  conductors  and  instructors  have  sometimes  been  engaged,  and 
the  teachers  of  some  counties  have  reason  to  complain.  County  superin- 
tendents should  have  sufficient  evidence  of  the  abilities  of  their  instructors, 
before  employing  them.  In  all  cases  where  strangers  are  employed,  refer- 
ences should  be  required,  and  inquiries  made  at  the  state  department  will 
frequently  secure  the  proper  knowledge. 


48  SCHOOL  LAWS  OF  IOWA. 

amount.  The  board  of  supervisors  may  appropriate  such  additional 
sum  as  may  by  them  be  deemed  necessary  for  the  further  support  of 
such  institute.  All  disbursements  of  the  institute  fund  shall  be 
upon  the  order  of  the  county  superintendent;  and  no  order  shall  be 
drawn  except  for  bills  presented  to  the  county  superintendent,  and 
approved  by  him,  for  services  rendered  or  expenses  incurred  in  con- 
nection with  the  normal  institute. 

SEC.  1770.  If,  for  any  cause,  the  county  superintendent  is  unable 
to  attend  to  his  official  duties  he  shall  appoint  a  deputy  to  perform 
them  in  his  stead,  except  visiting  schools  and  trying  appeals. 

SEC.  1^71.  The  superintendent  may  revoke  the  certificate  of  any 
teacher  in  the  county  which  was  given  by  the  superintendent  thereof, 
for  any  reason  which  would  have  justified  the  withholding  thereof 
when  the  same  was  given,  after  an  investigation  of  the  facts  in  the 
case,  of  which  investigation  the  teacher  shall  have  personal  notice, 
and  he  shall  be  permitted  to  be  present  and  make  his  defense. 


(g)  The  superintendent  should  be  director,  assuming  the  sreneral  over- 
sight and  direction  of  the  institute,  but  should  not  act  as  conductor.  He  is 
entitled  to  his  per  diem  for  any  service  in  connection  with  the  institute,  as 
for  other  official  duties,  but  receives  no  part  of  the  institute  fund. 

(h)  These  normal  institutes  are  short  training  schools,  their  object  is  to 
reach  and  correct  the  greatest  defects  found  in  the  schools.  The  superin- 
tendent in  visiting  schools  should  seek  to  discover  the  most  prominent  de- 
fects and  wants  in  the  methods  of  instruction.  The  normal  Institute  will 
afford  effective  means  of  reaching  and  correcting  these  faults.  The  great 
object  is  to  instruct  teachers  how  to  teach  children. 

(i)  The  reports  and  payments  to  the  county  treasurer,  required  by  this 
section,  should  be  made  on  the  first  day  of  each  month.  Forms  26,  27,  29 
and  30. 

( J)  It  is  the  duty  of  the  board  of  supervisors,  at  the  close  of  his  term  of 
office,  to  settle  with  the  county  superintendent,  as  with  other  county  officers, 
according  to  the  provisions  of  the  law. 

SEC.  1771.  (a)  Though  an  appeal  will  lie  in  such  cases,  the  discretion  of 
a  county  superintendent  in  refusing  or  revoking  a  teacher's  certificate  will 
not  be  interfered  with  by  the  superintendent  of  public  instruction,  unless 
it  is  clearly  shown  that  in  such  act  the  county  superintendent  violated  law 
or  abused  his  discretion.  S.  L.  Decisions,  29. 

(6)  The  notice  should  contain  an  explicit  statement  of  the  charges 
against  which  the  teacher  is  expected  to  make  his  defense.  Form  32. 


SCHOOL  LAWS  OF  IOWA.  49 

SEC.  1772.  On  the  first  Tuesday  of  October  of  each  year  he  shall 
make  a  report  to  the  superintendent  of  public  instruction,  containing 
a  full  abstract  of  the  reports  made  to  him  by  the  respective  district 
secretaries,  and  such  other  matters  as  he  shall  be  directed  to  report 
by  said  superintendent,  and  as  he  himself  may  deem  essential  i&  ex- 
hibiting the  true  condition  of  the  schools  under  his  charge;  and  he 
shall,  at  the  same  time,  file  with  the  county  auditor  a  statement  of 
the  number  of  persons  between  the  ages  of  five  and  twenty- one  years 
in  each  school  district  in  his  county. 

SEC.  1773.  Should  he  fail  to  make  either  of  the  reports  required 
in  the  last  section  he  shall  forfeit  to  the  school  fund  of  his  county 
the  sum  of  fifty  dollars,  and  shall,  besides,  be  liable  for  all  damages 
caused  by  such  neglect. 

SEC.  1774.  (As  amended  by  Chap.  161,  Laws  of  1882.)  He  shall 
at  all  times  conform  to  the  instructions  of  the  superintendent  of  pub- 
lic instruction,  as  to  matters  within  the  jurisdiction  of  the  said 

SEC.  1772.  (a)  The  blanks  for  the  annual  report  of  the  county  superin-* 
tendent  are  furnished  by  the  superintendent  of  public  instruction. 

(&)  The  superintendent  may  test  the  accuracy  of  the  treasurers'  reports 
by  consulting  the  books  of  the  county  treasurer.  The  amount  of  the  sev- 
eral funds  reported  as  received  from  the  district  tax,  also  the  amount  re- 
ceived from  the  semi-annual  apportionment,  must  agree  with  the  county 
treasurer's  receipts  for  the  same. 

(c)  All  errors  should  be  corrected.    The  amounts  reported  on  hand  in  the 
last  report  from  the  district  treasurer  should  always  be  reported  as  the 
amounts  on  hand  at  last  report  the  following  year. 

(d)  The  abstract  of  the  enumeration  of  children  in  each  district  should 
be  made  with  special  care,  and  should  be  complete  and  accurate,  otherwise 
the  county  will  not  obtain  its  just  proportion  of  the  income  of  the  perma- 
nent school  fund. 

(e)  Should  the  district  secretaries  or  treasurers  fail  to  make  their  reports 
in  time,  the  superintendent  should  take  prompt  measures  to  secure  them, 
going  after  them  if  necessary. 

(/)  When  district  townships  are  divided,  or  independent  districts  organ- 
ized, the  superintendent  should  immediately  file  with  the  county  auditor  a 
statement,  based  upon  the  last  report  of  the  secretaries,  showing  the  num- 
ber of  persons  of  school  age  in  each  of  the  districts,  the  boundaries  of 
which  have  been  thus  changed. 

SEC.  1774.  (a)  The  county  attorney  is  the  legal  adviser  of  the  different 
county  officers.  Section  3,  chapter  73,  laws  of  1886.  He  should  be  freely 
consulted  on  questions  of  law  upon  which  the  superintendent  is  in  doubt. 


50  SCHOOL  LAWS  OF  IOWA. 

superintendent.  He  shall  serve  as  the  organ  of  communication  be- 
tween the  superintendent  and  township  or  district  authorities.  He 
shall  transmit  to  the  townships,  districts,  or  teachers,  all  blanks, 
circulars,  and  other  communications  which  are  to  them  directed.  He 
may,  at  his  discretion,  visit  the  different  schools  in  his  county,  and 
shall,  at  the  request  of  a  majority  of  the  directors  of  a  district, 
visit  the  school  in  said  district  at  least  once  during  each  term. 

SEC.  1775.  He  shall  report  on  the  first  Tuesday  of  October  of 
each  year  to  the  superintendent  of  the  Iowa  college  for  the  blind,  the 
name,  age,  residence,  and  post  office  address  of  every  person  blind  to 
such  an  extent  as  to  be  unable  to  acquire  an  education  in  the  com- 
mon schools  and  who  resides  in  the  county  in  which  he  is  superin- 
tendent, and  also  to  the  superintendent  of  the  Iowa  institution  for 
the  deaf  and  dumb,  the  name,  age,  and  post-office  address  of  every 
deaf  and  dumb  person  between  the  ages  of  five  and  twenty  one  who 
resides  within  his  county,  including  all  such  persons  as  may  be  deaf 
to  such  an  extent  as  to  be  unable  to  acquire  an  education  in  the  com- 
mon schools. 

(b)  The  superintendent  in  his  visits  should  seek  to  aid,  instruct,  and  in- 
spire teachers  to  the  employment  of  the  best  methods  of  teaching,  govern- 
ing, and  conducting  their  schools,  should  try  to  secure  the  proper  classifica- 
tion of  scholars,  the  arrangement  of  courses  of  study,  and  the  care  and  pro- 
tection of  school  property.    He  should  study  to  awaken  among  parents  and 
children  a  deeper  interest  in  the  public  schools,  so  as  to  secure  improved  at- 
tendance, deportment  and  scholarship,  and  more  frequent  visits  of  parents 
and  school  officers.    A  judicious  visit  from  the  superintendent  may  often 
serve  to  infuse  new  life  into  the  school. 

(c)  The  county  superintendent  should  carefully  observe  the  condition  of 
the  school-house  and  surroundings,  note  all  defects,  and  notify  the  subdi- 
rector  or  board  of  the  same. 

SEC.  1775.  («)  The  blanks  for  these  reports  are  furnished  by  the  super- 
intendents of  the  respective  institutions. 

;  (6)  It  shall  be  the  duty  of  the  county  superintendent  to  report  to  the  su- 
perintendent of  the  institution  for  feeble-minded  children,  on  the  first  day 
of  October  of  each  year,  the  name,  age,  and  post-office  address  of  every  per- 
son in  his  county  between  the  ages  of  five  and  twenty-one,  who,  by  reason 
of  feeble  mental  and  physical  condition  is  deprived  of  a  reasonable  degree 
of  ^benefit  from  the  common  schools.  He  shall  also  state  in  said  report 
whether  or  not  such  person  has  ever  attended  school,  and  how  long,  if  at 
all;  and  he  shall  also  give  the  post-office  address  of  the  parent,  guardian,  or 
nearest  friend  of  such  person.  Section  6,  chapter  40,  laws  of  1882. 


SCHOOL  LAWS  OF  IOWA.  5^ 

SEC.  1776.  (As  amended  by  Chap.  161,  Laws  of  1882.)  The  county 
superintendent  shall  receive  from  the  county  treasurer  the  sum  of 
four  dollars  per  day  for  every  day  necessarily  engaged  in  the  per- 
formance of  official  duties,  and  also  the  necessary  stationery  and 
postage  for  the  use  of  his  office,  and  he  shall  be  entitled  to  such  -ad- 
ditional compensation  as  the  board  of  supervisors  may  allow;  pro- 
Tided,  that  he  shall  first  file  a  sworn  statement  of  the  time  he  has 
been  employed  in  his  official  duties,  with  the  county  auditor. 

TAXES. 

SECTION  1777.  The  board  of  directors  shall,  at  their  regular  meet- 
ing in  March  of  each  year,  or  at  a  special  meeting  convened  for  that 
purpose,  between  the  time  designated  for  such  regular  meeting  and 
the  third  Monday  in  May,  estimate  the  amount  required  for  the  con- 
tingent fund,  and  also  such  sum  as  may  be  required  for  the  teachers' 
fund,  in  addition  to  the  amount  received  from  the  semi-annual  appor- 
tionment, as  shown  by  the  notice  from  the  county  auditor,  to  support 
the  schools  of  the  district  for  the  time  required  by  law  for  the  cur- 
rent year;  and  shall  cause  the  secretary  to  certify  the  same,  together 
with  the  amount  voted  for  school-house  purposes,  within  five  days 
thereafter  to  the  board  of  supervisors,  who  shall  at  the  time  of  levy- 
ing taxes  for  county  purposes,  subject  to  the  provisions  of  section 

SEC.  1776.  (a)  The  board  of  supervisors  shall  furnish  the  county  super- 
intendent with  an  office  at  the  county  seat,  together  with  fuel,  lights,  blanks, 
books,  and  stationery  necessary  and  proper  to  enable  him  promptly  and 
properly  to  discharge  the  duties  of  his  office;  but  in  no  case  shall  such  offi- 
cer be  permitted  to  occupy  an  office  also  occupied  by  a  practicing  attorney. 
Section  3844,  Code. 

(6)  The  board  of  supervisors  may  not  limit  the  county  superintendent  as 
to  the  number  of  days  he  shall  give  to  his  work,  in  order  to  comply  with  his 
oath  of  office.  Having  filed  his  sworn  statement  in  the  form  prescribed  by 
the  board,  he  is  entitled  to  his  per  diem  for  time  actually  employed.  Their 
remedy,  if  they  suspect  he  has  filed  a  false  statement,  is  to  proceed  against 
him  for  maladministration  in  office,  as  provided  for  in  section  746,  Code. 

SEC.  1777.  (a)  This  section  requires  boards  to  certify  the  specific  sums 
necessary  to  be  raised  for  teachers'  and  contingent  fund  to  the  board  of  su- 
pervisors, whose  duty  it  is  to  estimate  and  levy  the  per  centum  necessary 
to  raise  the  amounts  so  certified.  Forms  33  and  34. 

(6)  Our  supreme  court  have  held  in  Standard  Coal  Co.  v.  Ind.  Dist.  of 
Angus,  that  a  tax  voted  after  the  third  Monday  in  May  is  void.  The  decis- 
ion will  be  found  in  73  Iowa,  not  printed  at  this  date,  June  1, 1888.  This 


52  SCHOOL  LAWS  OF  IOWA. 

seventeen  hundred  and  eighty  of  this  chapter,  levy  the  per  centum 
necessary  to  raise  the  sum  thus  certified  upon  the  property  of  the  dis- 
trict township,  which  shall  be  collected  and  paid  over  as  are  other 
district  taxes.  * 

SEC.  1778.  They  shall  apportion  any  tax  voted  by  the  district 
township  meeting  for  school-house  fund,  among  the  several  subdis- 
tricts  in  such  a  manner  as  justice  and  equity  may  require,  taking  as 
the  basis  of  such  apportionment  the  respective  amounts  previously 
levied  upon  said  subdistricts  for  the  use  of  such  fund;  provided,  that 
if  the  electors  of  one  or  more  subdistricts  at  their  last  annual  meet- 
ing shall  have  voted  to  raise  a  sum  for  school-house  purposes  greater 
than  that  granted  by  the  electors  at  the  last  annual  meeting  of  the 
district  township,  they  shall  estimate  the  amount  of  such  excess  on 

renders  it  essential  that  boards  act  promptly,  and  certify  taxes  within  the 
required  time. 

(c)  School-house  funds  must  be  voted  by  the  electors.    Only  exception* 
section  1823. 

(d)  It  is  wholly  within  the  discretion  of  the  board  of  directors  to  de- 
termine the  amounts  required  for  the  contingent  and  teachers"  funds.    41 
Iowa,  153.    Any  vote  of  the  electors  touching  these  amounts  is  only  sug- 
gestive, and  is  not  at  all  binding. 

(e)  Section  1780  limits  the  amount  which  may  be  levied  in  a  district  town- 
ship for  any  one  year,  to  fifteen  dollars  per  scholar  for  teachers'  fund  and 
five  dollars  per  scholar  for  contingent  fund,  but  authorizes  the  levy  of 
seventy  five  dollars  for  contingent,  and  two  hundred  and  seventy  dollars  for 
teachers'  fund  for  each  subdistrict,  even  if  the  levy  thereby  exceeds  five  and 
fifteen  dollars  per  scholar,  for  these  funds. 

( f)  If  the  amount  of  school-house  tax  voted  and  certified  by  the  board  of 
directors  in  any  year  exceeds  the  limit  which  the  board  of  supervisors  are 
allowed  to  levy,  under  the  provisions  of  section  1780,  it  is  the  duty  of  the 
board  of  directors  to  certify  the  amount  of  the  deficiency  from  year  to  year 
until  the  whole  amount  is  levied. 

(g)  The  teachers'  and  contingent  funds  are  not  to  be  apportioned  among 
the  subdistricts,  but  levied  uniformly  on  the  taxable  property  of  the  dis- 
trict township. 

(h)  Chapter  67,  laws  of  1874,  authorizes  districts  formed  from  territory 
lying  in  adjoining  counties,  to  vote  and  certify  to « the  respective  boards  of 
supervisors  the  number  of  mills  on  the  dollar  required  to  raise  the  necessary 
school  taxes. 

SEC.  1778.  {a)  All  school-house  taxes  must  be  voted  either  by  the  dis- 
trict or  by  the  subdistrict  electors.  Sections  1717  and  1807.  When  voted 
they  must  in  all  cases  be  certified  to  the  board  of  supervisors  S  L.  Decisions, 


SCHOOL  LAWS  OF  IOWA.  53 

such  subdistrict  or  subdistricts,  and  cause  the  secretary  to  certify  the 
same  within  five  days  thereafter  to  the  board  of  supervisors,  who 
shall,  at  the  time  of  levying  taxes  for  county  purposes,  levy  the  per 
centum  of  such  excess  on  the  taxable  property  of  the  subdistrict  ask- 
ing the  same,  provided  that  not  more  than  fifteen  mills  on  the  dollar 
shall  be  levied  on  the  taxable  property  of  any  subdistrict  for  any  one 
year  tor  school-house  purposes. 

BOARD    OF   SUPERVISORS. 

SECTION  1779.  The  board  of  supervisors  of  each  county  shall,  at 
the  time  of  levying  the  taxes  for  county  purpose?,  levy  a  tax  for  the 
support  of  schools  within  the  county,  of  not  less  than  one  mill,  nor 
more  than  three  mills  on  the  dollar,  on  the  assessed  value  of  all  the 
real  and  personal  property  within  the  county,  which  shall  be  collected 
by  the  county  treasurer  at  the  time  and  in  the  same  manner  as  state 
and  county  taxes  are  collected,  except  that  it  shall  be  receivable  only 
in  cash. 

129.  All  taxes  voted  by  the  district  township  meeting  must  be  apportioned 
among  the  subdistricts  of  the  township.  The  basis  of  this  apportionment 
is  the  aggregate  number  of  mills  previously  levied  upon  the  subdistricts  of 
the  township  for  school-house  purposes.  The  apportionment  should  be 
made  so  as  gradually  to  equalize  these  rates,  in  order  that  the  school-house 
tax  may,  ultimately,  be  uniform  throughout  the  district. 

(b)  The  township  electors  may  vote  a  tax  for  the  erection  of  a  school- 
house  in  any  subdistrict,  without  previous  action  of  the  subdistrict  electors. 
If  the  subdistrict  electors  vote  to  raise  a  sum  for  school-house  purposes,  it 
is  the  duty  of  the  subdirector  to  certify  the  same  to  the  district  township 
meeting.  If  this  duty  is  neglected,  the  board  of  directors  are  not  authorized 
to  certify  the  tax  voted.    Form  35. 

(c)  Whatever  portion  of  the  sum  properly  certified  the  district  meeting 
neglects  or  refuses  to  grant  must  be  certified  and  levied  direct'y  upon  the 
subdistrict  making  the  request,  in  addition  to  the  equitable  portion  of  the 
whole  amount  voted  by  the  district  township  meeting.    If  the  meeting  re- 
fuses to  vote  any  amount,  the  whole  must  be  certified  and  levied  upon  the 
subdistrict.    69  Iowa,  533. 

(d)  The  tendency  of  the  action  of  the  subdistrict  electors  in  voting 
school-house  taxes  is  to  produce  unequal  rates  of  taxation  for  school- house 
purposes,  and  otherwise  greatly  to  complicate  the  raising  of  school-house 
funds;  hence,  unless  the  necessities  of  the  case  absolutely  require,  such 
action  should  not  be  encouraged.    All  necessary  school -house  taxes  should, 
as  a  rule,  be  voted  by  the  district  township  meeting.    Note  (c)  to  form  3. 


54  SCHOOL  LAWS  OF  IOWA. 

SEC.  1780.  They  shall  also  levy  at  the  same  time  the  district 
school  tax  certified  to  them  from  time  to  time  by  the  respective  dis- 
trict secretaries;  provided  that  the  amount  levied  for  school-house 
fund  shall  not  exceed  ten  mills  on  the  dollar,  on  the  property  of  any 
district,  and  the  amount  levied  for  contingent  fund  shall  not  exceed 
five  dollars  per  pupil,  and  the  amount  raised  for  teachers'  fund,  in- 
cluding the  amount  received  from  the  semi-annual  apportionment^ 
shall  not  exceed  fifteen  dollars  per  pupil  for  each  pupil  residing  in  the 
district,  as  shown  by  the  last  report  of  the  county  superintendent. 
And  if  the  amount  certified  to  the  board  of  supervisors  exceeds  thia 
limit,  they  shall  levy  only  to  the  amount  limited ;  provided  that  they 
may  levy  seventy- five  dollars  for  contingent  fund,  and  two  hundred 
and  seventy  dollars,  including  the  amount  received  from  the  semi- 
annual apportionment,  for  the  teachers'  fund  for  each  subdistrict. 

COUNTY  AUDITOB. 

SECTION  1781.  The  county  auditor  shall,  on  the  first  Monday  in* 
April  and  the  fourth  Monday  in  September  of  each  year,  apportion 
the  county  school  tax,  together  with  the  interest  of  the  permanent* 
school  fund  to  which  his  county  is  entitled,  and  all  other  money  in 
the  hands  of  the  county  treasurer  belonging  in  common  to  the 
schools  of  his  county,  and  not  included  in  any  previous  apportion- 
ment among  the  several  subdistricts  therein,  in  proportion  to  the 
number  of  persons  between  five  and  twenty  one  years  of  age,  as 
shown  by  the  report  of  the  county  superintendent,  filed  with  him  for 
the  year  immediately  preceding. 

SEC  1780.  (a)  The  first  proviso  does  not  apply  where  a  larger  tax  is  re- 
quired to  meet  the  interest  on  valid  outstanding  bonds.  69  Iowa,  612. 

(6)  The  second  proviso  in  this  section  was  added  for  the  relief  of  sparsely 
settled  townships,  in  which  five  dollars  per  scholar  for  contingent  fund  and 
fifteen  dollars  per  scholar  for  teachers'  fund,  is  not  adequate  to  maintain 
schools  for  the  time  required  by  law.  In  such  districts  these  limits  may  be 
exceeded,  providing  that  not  more  than  $75  contingent  fund,  and  $270,  in- 
cluding the  semi-annual  apportionment,  for  teachers'  fund,  is  levied  for 
each  subdistrict  in  the  township. 

SEC.  1781.  (a)  For  the  basis  of  the  apportionment  to  new  districts,  see 
note  (/)  to  section  1772. 

(&)  The  word  subdistricts  in  the  seventh  line  of  this  section,  evidently 
means  the  present  district. 


SCHOOL  LAWS  OF  IOWA.  55 

SEC.  1782.  He  shall  immediately  notify  the  president  of  each 
school  district  of  the  sum  to  which  his  district  is  entitled  by  said 
apportionment,  and  shall  issue  his  warrant  for  the  same  to  accom- 
pany said  notice,  which  warrant  shall  be  also  signed  by  the  president 
and  countersigned  by  the  secretary  of  the  district  in  whose  faver-the 
same  is  drawn;  and  shall  authorize  the  district  treasurer  to  draw  the 
amount  due  said  district  from  the  county  treasurer;  and  the  secretary 
shall  charge  the  treasurer  of  the  district  with  all  warrants  drawn  in 
his  favor,  and  credit  him  with  all  warrants  drawn  on  the  funds  in  his 
hands,  keeping  separate  accounts  with  each  fund. 

SEC  1783.  He  shall  forward  to  the  superintendent  of  public  in- 
struction, a  certificate  of  the  election  or  appointment  and  qualifica- 
tion of  the  county  superintendent;  and  shall,  also,  on  the  second 
Monday  in  February  and  August  of  each  year,  make  out  and  trans- 
mit to  the  auditor  of  state,  in  accordance  with  such  form  as  said 
auditor  may  prescribe,  a  report  of  the  interest  of  the  school  fund 
then  in  the  hands  of  the  county  treasurer,  and  not  included  in  any 
previous  apportionment,  and  also  the  amount  of  said  interest  remain- 
ing unpaid. 

COUNTY   TREASURER. 

SECTION  1784.  The  county  treasurer  shall,  on  the  first  Monday  in 
April  of  each  year,  pay  over  to  the  treasurer  of  the  district,  the  amount 
of  all  school  district  tax  which  shall  have  been  collected,  and  shall 
render  him  a  statement  of  the  amount  uncollected,  and  shall  pay  over 
the  amount  in  his  hands  quarterly,  thereafter.  He  shall  also  keep 
the  amount  of  tax  levied  for  school-house  purposes,  separate  in  each 
subdistrict,  where  such  levy  has  been  made  directly  upon  the  property 
of  the  subdistrict  making  the  application,  and  shall  pay  ov^r  the 
same,  quarterly,  to  the  township  treasurer  for  the  benefit  of  such  sub- 
district.  He  shall,  in  all  counties  wherein  independent  districts  are 

SEC.  1783.  It  is  important  that  the  certificate  referred  to,  should  be 
promptly  forwarded  to  the  superintendent  of  public  instruction;  otherwise, 
the  interests  of  the  county  may  suffer  by  the  transaction  of  business  with 
persons  not  duly  authorized  to  act.  The  certificate  should  in  all  cases  cer- 
tify to  the  qualification,  as  well  as  the  election  or  appointment  of  the  county 
superintendent;  for,  although  he  may  be  properly  elected  or  appointed,  yet 
he  cannot  be  recognized  until  it  is  known  that  he  has  taken  the  necessary 
oath  of  office,  and  filed  the  required  bond.  Whenever  any  change  is  made 
by  resignation  or  otherwise,  a  certificate  of  the  appointment  and  qualifica- 
tion of  a  successor  should  be  immediately  forwarded.  Forms  37  and  38. 


56  SCHOOL  LAWS  OF  IOWA. 

organized,  keep  a  separate  account  with  said  independent  districts, 
in  which  the  receipts  shall  be  daily  entered,  which  books  shall  at  all 
times  be  open  to  the  inspection  and  examination  of  the  district  board 
of  directors,  and  shall  pay  over  to  the  said  independent  districts  the 
amount  of  school  taxes  in  his  possession  on  the  order  of  the  board, 
on  the  first  day  of  each  and  every  month. 

SEC.  1785.  On  the  first  day  of  each  quarter,  the  county  treasurer 
shall  give  notice  to  the  president  of  the  school  board  of  each  town- 
ship, in  his  county,  of  the  amount  collected  for  each  fund;  and  the 
president  of  each  board  shall  draw  his  warrant,  countersigned  by  the 
secretary,  upon  the  county  treasurer,  for  such  amount,  who  shall  pay 
the  amount  of  such  taxes  to  the  treasurers  of  the  several  school 
boards,  only  on  such  warrants. 

MISCELLANEOUS. 

SECTION  1786.  (As  amended  by  Chap.  73,  Laws  of  1886.)  All 
fines  and  penalties  collected  from  a  school  district  officer  by  virtue  of 
any  of  the  provisions  of  this  chapter,  shall  inure  to  the  benefit  of 
that  particular  district.  Those  collected  from  any  member  of  the 
board  of  directors,  shall  belong  to  the  district  township,  and  those 
collected  from  county  officers,  to  the  county.  In  the  two  former 
cases,  suit  shall  be  brought  in  the  name  of  the  district  township;  in 
the  latter,  in  the  name  of  the  county  and  by  the  county  attorney. 
The  amount  in  each  case  shall  be  added  to  the  fund  next  to  be  ap- 
plied by  the  recipient,  for  the  use  of  common  schools. 

SEC.  1787.  When  a  judgment  has  been  obtained  against  a  school 
district,  the  board  of  directors  shall  pay  off  and  satisfy  the  same 
from  the  proper  fund,  by  an  order  on  the  treasurer;  and  the  district 

SEC.  1785.  (a)  The  three  funds,  school-house,  teachers',  and  contingent, 
must  be  kept  separate  by  the  county  treasurer,  as  directed  in  this  section, 
to  enable  school  officers  to  comply  with  the  law  in  the  discharge  of  their 
official  duties.  Sections  1739, 1741, 1745, 1748, 1750,  and  1782. 

(6)  The  division  of  funds  made  by  the  county  treasurer  should  be  respect- 
ed by  the  board,  unless  the  electors  direct  school-house  funds  unappropri- 
ated transferred  to  other  funds.  This  is  the  only  transfer  provided  for 
by  law. 

SEC.  1788.  The  sureties  on  an  official  bond  cannot  be  held  after  the  lapse 
of  three  years.  Section  2529,  Code. 

SEC.  1787.  An  order  drawn  under  this  section  is  not  entitled  to  payment 
to  the  exclusion  of  other  orders  on  the  school- house  fund.  40  Iowa,  620. 


SCHOOL  LAWS  OF  IOWA.  57 

meeting,  at  the  time  for  voting  a  tax  for  the  payment  of  other  liabil- 
ities of  the  district,  shall  provide  for  the  payment  of  such  order  or 
orders. 

SEC.  1788.  In  case  a  school  district  has  borrowed  money  of  the 
school  fund,  the  board  of  supervisors  shall  levy  such  tax,  not  exceed- 
ing five  mills  on  the  dollar  in  any  one  year,  on  the  taxable  property 
of  the  district  as  constituted  at  the  time  of  making  such  loan,  as  may 
be  necessary  to  pay  the  annual  interest  on  said  loan,  and  the  princi- 
pal, when  the  same  falls  due,  unless  the  board  of  supervisors  shall 
see  proper  to  extend  the  time  of  said  loan. 

SEC.  1789.  (As  amended  by  Chap.  51,  Laws  of  1888.)  No  district 
township  or  subdistrict  meeting  shall  organize  earlier  than  nine 
o'clock  A.  M.,  nor  adjourn  before  twelve  o'clock  M.;  and  in  all  inde- 
pendent districts  having  a  population  of  three  hundred  and  upward, 
the  polls  shall  remain  open  from  twelve  o'clock  M  to  seven  o'clock  p.  M. 

SEC.  1790.  Any  school  director,  or  director  elect,  is  authorized  to 
administer  to  any  school  director  elect,  the  official  oath  required  by 

SEC.  1789.  (a)  The  ot ject  of  this  section  is  to  prevent  a  few  designing 
persons  from  meeting  at  an  unusual  hour,  dispatching  the  business  with  un- 
seemly haste,  and  adjourning  before  many  of  the  electors  arrive.  The  meet- 
ing should  be  conducted  with  entire  fairness,  and  an  opportunity  given  for 
an  expression  of  the  real  sentiment  of  the  district. 

(6)  In  district  townships,  subdistricts,  and  in  independent  districts  con- 
taining less  than  three  hundred  inhabitants,  the  meeting  may  be  organized 
at  any  time  after  9  o'clock  A.  M.,  and  before  6  o'clock  p.  M.,  and  may  continue 
as  much  more  than  three  hours  as  the  circumstances  may  require. 

(c)  The  law  contemplates  at  least  three  hours  for  the  election  in  any  case. 
Iowa  Keports,  37, 131;  39,  381. 

(d)  Chapter  169,  laws  of  1888,  legalizes  all  meetings  held  in  compliance 
with  the  former  law,  through  failure  to  receive  notice  of  the  amendment. 

(e)  Independent  districts  of  15,000  and  upwards  are  not  governed  by  this 
section.   Chapter  8,  laws  of  1880. 

SEC.  1790.  (a)  When  an  election  is  contested,  the  person  elected  shall 
have  twenty  days  in  which  to  qualify,  after  the  date  of  the  decision.  Sec- 
tion 687,  Code. 

(b)  The  secretary,  unless  he  is  a  member  of  the  board,  a  notary  public,  or 
other  civil  officer  qualified  to  administer  oaths,  cannot  administer  the  oath 
to  subdirectors.  A  subdirector,  whether  holding  over  or  elected,  can  admin- 
ister the  oath  of  qualification. 


58  SCHOOL  LAWS  OF  IOWA. 

law,  and  said  official  oath  may  be  taken,  on  or  before  the  third  Mon- 
day in  March  following  the  election  of  directors. 

SEC.  1791.  When  any  school  officer  is  superseded  by  election  or 
otherwise,  he  shall  immediately  deliver  to  his  successor  in  office,  all 
books,  papers,  and  moneys  pertaining  to  his  office,  taking  a  receipt 
therefor;  and  every  such  officer  who  shall  refuse  to  do  so,  or  who 
shall  willfully  mutilate  or  destroy  any  such  books  or  papers,  or  any 
part  thereof,  or  shall  misapply  any  moneys  entrusted  to  him  by  virtue 
of  his  office,  shall  be  liable  to  the  provisions  of  the  general  statutes 
for  the  punishment  of  such  offense. 

SEC.  1792.  Nothing  in  this  chapter  shall  be  so  construed  as  to  give 
the  board  of  directors  of  a  district  township  jurisdiction  over  any 
territory  included  within  the  limits  of  any  independent  district. 

ATTENDANCE. 

SECTION  1793.  (As  amended  by  Chap.  64,  Laws  of  1876,  and  Chap. 
41,  Laws  of  1878.)  Children  residing:  in  one  district  may  attend 
school  in  another  in  the  same  or  adjoining  county  or  township,  on 
such  terms  as  may  be  agreed  upon  by  the  respective  boards  of  direct- 
ors; but  in  case  no  such  agreement  is  made,  they  may  attend  school 
in  any  such  adjoining  district,  with  the  consent  of  the  county  super- 
intendent of  the  county  where  said  pupils  reside  and  the  board  of 
directors  of  said  adjoining  district,  when  they  reside  nearer  the 
school  in  said  district,  and  one  and  a  half  miles  or  more,  by  the  near- 
est traveled  highway,  from  any  school  in  their  own.  The  board  of 

(c)  The  decision  of  a  tie  vote,  as  mode  by  chapter  7,  laws  of  1880,  may 
make  it  impossible  for  the  person  chosen  to  qualify  on  the  third  Monday  in 
March.  In  such  case,  the  board  should  fix  a  reasonable  time  within  which 
the  person  must  qualify.  The  provisions  of  section  687,  Code,  may  perhaps 
apply.  See  note  (a)  above. 

SEC  1791.  The  language  of  this  section  includes  copies  of  the  school 
laws,  school  journals,  reports,  and  all  other  publications  which  may  be  re- 
ceived by  virtue  of  being  a  school  officer.  Sections  3908,  3917,  3918,  and 
3929,  Code. 

SEC.  1793.  (a)  If  scholars  reside  more  than  one  and  one-half  miles  from 
a  school  in  their  own  district  and  nearer  to  a  school  in  an  adjoining  district, 
which  they  desire  to  attend,  application  should  first  be  made  to  both  boards 
of  directors;  if  the  boards  refuse  to  enter  into  an  agreement,  they  may  at- 
tend school  in  such  adjoining  district  with  the  consent  of  the  board  of  the 
district  where  they  desire  to  attend  and  of  the  county  superintendent  of  the 
county  in  which  the  children  reside. 


SCHOOL  LAWS  OF  IOWA.  59 

directors  of  the  township  in  which  such  children  reside,  shall  be  noti- 
fied in  writing,  and  the  district  in  which  they  reside  shall  pay  to  the 
district  in  which  they  attend  school,  the  average  tuition  of  said  chil- 
dren per  week,  and  an  average  proportion  of  the  contingent  expenses 
of  said  district  where  they  attend  school ;  and  in  case  of  ref usal-so-to 
do,  the  secretary  shall  file  the  account  for  said  tuition  and  contingent 
expenses,  certified  to  by  the  president  of  his  board,  with  the  county 
auditor  of  the  county  in  which  said  children  reside,  and  the  said 
county  auditor  shall,  at  the  time  of  making  the  next  semi  annual  ap- 
portionment thereafter,  deduct  the  amount  so  certified  from  the  sum 
apportioned  to  the  district  in  which  said  children  reside  and  cause  it 
to  be  paid  over  to  the  district  in  which  they  have  attended  school. 

(6)  The  notice  referred  to  cannot  be  said  to  be  officially  transmitted  un- 
less signed  by  both  the  president  and  secretary.  Payment  for  attendance 
can  be  collected  from  the  district  where  the  children  reside,  only  from  the 
date  of  such  notice.  Form  40. 

(c)  This  notice  holds  only  for  the  term,  or  such  time  as  the  county  super- 
intendent and  board  name  in  their  written  concurrent  agreement. 

(d)  Depositing  a  letter  in  a  post-office  without  further  proof  that  such 
letter  reached  the  party  addressed,  is  not  a  legal  notice  as  required  by  sec- 
tion 1793  to  secure  payment  of  tuition  on  the  part  of  an  adjoining  district. 

(e)  The  average  proportion  of  tuition  and  contingent  expenses  for  any 
number  of  scholars  is  found  by  dividing  the  amount  expended  for  these  pur- 
poses in  the  subdistrict  where  they  have  attended,  by  the  total  attendance 
in  days,  and  multiplying  the  quotient  by  the  number  of  days  said  scholars 
have  attended. 

(/)  When  scholars  attend  a  graded  school,  the  average  tuition  should  be 
computed  on  the  basis  of  the  expense  of  each  pupil  in  the  grade  or  room  in 
which  such  scholars  are  placed;  the  average  expense  of  contingent  fund 
may  be  computed  as  a  part  of  the  whole  contingent  expense  of  such  school. 

(g)  If  scholars  reside  nearer  to  a  school  in  their  own  district,  or  within 
one  and  one-half  miles  of  one,  they  can  attend  school  in  an  adjoining  district 
at  the  expense  of  their  own  district,  only  by  an  agreement  of  both  boards. 

(h)  In  no  case  may  scholars  attend  school  in  a  district  in  which  they  do 
not  reside,  without  the  consent  of  the  board  thereof.  The  distance  should, 
in  all  cases,  be  computed  by  the  nearest  public  road. 

(i)  This  section  applies  also  to  all  independent  districts,  whether  in  the 
same  or  in  adjoining  civil  townships. 

0")  Any  other  action  than  compliance  with  the  absolute  and  explicit 
terms  of  the  law,  will  render  the  collection  of  tuition  impossible.  S.  L.  De- 
cisions, 107. 


60  SCHOOL  LAWS  OF  IOWA. 

SBC.  1794.  Pupils  who  are  actual  residents  of  a  district  shall  be 
permitted  to  attend  school  in  the  same,  regardless  of  the  time  when 
they  acquired  such  residence,  whether  before  or  after  the  enumera- 
tion, or  of  the  residence  of  their  parents  or  guardians;  but  pupils 
who  are  sojourning  temporarily  in  one  district,  while  their  actual 
residence  is  in  another,  and  to  whom  the  last  preceding  section  is 
not  applicable,  may  attend  school  upon  such  terms  as  tha  board  of 
directors  may  deem  just  and  equitable. 

SEC.  1795.  Pupils  may  attend  school  in  any  subdistrict  of  the 
district  township  in  which  they  reside,  with  the  consent  of  the  sub- 
director  of  such  subdistrict,  and  of  the  subdirector  of  the  subdis- 
trict in  which  such  pupils  reside. 

BOUNDARIES. 

SEC.  1796.  The  board  of  directors  shall,  at  their  regular  meeting 
in  September,  or  at  any  special  meeting  called  thereafter  for  that 

SEC.  1794.  (a)  The  residence  of  the  scholar,  and  not  of  the  parent,  de- 
termines his  right  to  attend  school.  The  parent  may  reside  in  one  district, 
and  the  child  in  another.  If  the  parent  sends  him  into  another  district  to 
remain  for  a  limited  period,  he  may  attend  school  only  on  such  terms  as  are 
prescribed  by  the  board.  S.  L.  Decisions,  113. 

(6)  If  parties  aver  that  their  residence  is  in  the  district,  the  board  may 
not  refuse  to  admit  them  free  of  tuition,  or  refusing,  the  board  may  be  com- 
pelled by  mandamus  to  permit  attendance  and  equal  advantages  with  others. 

(c)  When  there  is  a  question  of  doubt  whether  parties  are  entitled  by 
their  residence  to  school  privileges,  since  the  fact  of  residence  depends  upon 
the  intention  of  the  parties  themselves,  their  affidavits  are  the  best  guide  to 
determine  the  matter. 

SEC.  1795.  (a)  In  order  that  scholars  may  attend  in  another  subdistrict 
in  their  own  district  township,  it  is  necessary  to  have  the  consent  of  both 
subdirectors.  Since  this  matter  is  placed  in  the  hands  of  the  subdirectors, 
the  board  have  no  control,  and  the  only  remedy  is  such  a  redistricting, 
under  section  1796,  as  will  better  accommodate  all  parties. 

(b)  Special  powers  delegated  to  the  subdirector  by  the  law,  as,  for  in- 
stance, the  control  of  the  school- house  in  his  own  subdistrict,  and  the  right 
to  determine  whether  scholars  may  attend  from  or  in  a  neighboring  subdis- 
trict cannot  be  assumed  by  the  board.  Sections  1753  and  1795. 

SEC.  1796.    (a)    While  this  section  provides  that  boards  may  change  sub- 
district  boundaries  at  the  regular  meeting  in  September,  or  at  a  special 
meeting  called  for  that  purpose,  it  must  be  understood  that  such  change 
cannot  be  made  so  late  as  to  prevent  the  notices  for  election  from  being 
'  given  at  least  five  days  previous  to  the  election,  as  required  by  section  1718. 


SCHOOL  LAWS  OF  IOWA.  g| 

purpose,  divide  their  towoship  into  subdistricts,  such  as  justice, 
equity,  and  the  interests  of  the  people  require;  and  may  make  such 
alterations  of  the  boundaries  of  subdistricts  heretofore  formed,  as 
may  be  deemed  necessary;  and  shall  designate  such  eubdistricts,  and 
all  subsequent  alterations,  in  a  distinct  and  legible  manner,  upon  -a 
plat  of  the  district  provided  for  that  purpose;  and  shall  cause  a  writ- 
ten description  of  the  same  to  be  recorded  in  the  district  records,  a 
copy  of  which  shall  be  delivered  by  the  secretary  to  the  county  treas- 
urer, and  also  to  the  county  auditor,  who  shall  record  the  same  in  his 
office;  provided  that  the  boundaries  of  subdistricts  shall  conform  to 
the  lines  of  congressional  divisions  of  land;  and  that  the  formation 
and  alteration  of  subdistricts  as  contemplated  in  this  section  shall 
not  take  effect  until  the  next  subdistrict  election  thereafter,  at  which 
election  a  subdirector  shall  be  elected  for  the  new  subdistrict. 

SEC.  1797.  Incases  where,  by  reason  of  streams  or  other  natural 
obstacles,  any  portion  of  the  inhabitants  of  any  school  district  can- 
not, in  the  opinion  of  the  county  superintendent,  with  reasonable 
facility,  enjoy  the  advantages  of  any  school  in  their  township,  the 
said  county  superintendent,  with  the  consent  of  the  board  of  di- 
rectors of  such  district  as  may  be  affected  thereby,  may  attach  such 
part  of  said  township  to  an  adjoining  township,  and  the  order  there- 
for shall  be  transmitted  to  the  secretary  of  each  district,  and  be  by 

(6)  It  requires  a  vote  of  a  majority  of  all  the  members  of  the  board  to 
make  any  change  in  the  boundaries  of  subdistricts.  Section  1738. 

(c)  It  is  especially  important  that  the  county  auditor  and  treasurer  be 
officially  notified  by  the  district  secretary,  whenever  any  changes  are  made 
in  district  boundaries,  by  the  formation  of  independent  districts  or  other- 
wise, to  enable  these  officers  to  perform  their  duties  in  the  levy  of  taxes,  and 
the  apportionment  and  disbursement  of  school  funds. 

(d)  By  congressional  divisions  of  land  is  meant  those  divisions  author- 
ized by  congress  in  government  surveys,  of  which  the  smallest  is,  in  general, 
one-sixteenth  of  a  section,  or  a  tract  of  forty  acres  in  a  square  form.    Gov- 
ernment lines,  however,  sometimes  meander  along  streams  and  other  bodies 
of  water,  and  divisions  of  land  are  thus  formed  of  less  than  forty  acres. 
School  Law  Decisions,  111. 

SEC.  1797  (a)  This  section  contains  the  only  provision  of  law  under 
which  a  subdistrict  can  be  formed  from  parts  of  two  or  more  civil  town- 
ships. The  law  should  be  strictly  complied  with,  or  the  proceedings  will  be 
invalid.  Subdistricts  cannot  be  formed  from  portions  of  two  counties. 

(6)  Streams  well  bridged,  and  distance,  are  not  natural  obstacles  in  the 
contemplation  of  the  law. 


52  SCHOOL  LAWS  OF  IOWA. 

him  recorded  in  his  records,  and  the  proper  entry  made  on  his  plat 
of  the  district. 

SEC.  1798.  (As  amended  by  Chap.  160,  Laws  of  1882.)  In  all 
cases  where  territory  has  been,  or  may  be,  set  into  an  adjoining 
county  or  township,  or  attached  to  any  independent  school  district  in 
any  adjoining  county  or  township,  for  school  purposes,  such  territory 
may  be  restored  by  the  concurrence  of  the  respective  boards  of  di- 
rectors; but  on  the  written  application  of  two  thirds  of  the  electors 
residing  upon  the  territory  wherein  such  township  or  independent  dis- 
trict in  which  the  school-house  is  not  situated,  the  said  boards  shall 
restore  the  territory  to  the  district  to  which  it  geographically  belongs; 
provided  however  that  no  such  restoration  shall  be  made  unless  there 
are  fifteen  or  more  pupils  between  the  ages  of  five  and  twenty-one 
years,  actually  residing  upon  said  territory  sought  to  be  restored,  and 
not  until  there  has  been  a  suitable  school-house  erected  and  com- 
pleted, within  the  limits  of  said  territory,  suitable  for  school  pur- 
poses. 

SEC.  1*799.  The  boundary  lines  of  a  civil  township  shall  not  be 
changed  by  the  board  of  supervisors  of  any  county,  so  as  to  divide 
any  school  district  by  changing  the  boundary  lines  thereof,  except 
when  a  majority  of  the  voters  of  such  district  shall  petition  therefor; 
provided  however  that  this  shall  not  prevent  the  change  of  the  boun- 
dary lines  of  any  civil  township,  when  such  change  is  made  by  adopt- 
ing the  lines  of  congressional  townships. 

(c)  Such  subdistricts  can  be  formed  only  by  concurrent  action  of  the 
board  of  the  district  from  which  the  territory  is  taken  and  the  county 
superintendent.  As  the  county  superintendent  has  original  concurrent 
jurisdiction,  no  appeal  can  be  taken  from  the  board's  refusal  to  give  consent. 

SEC.  1798.  When  the  boundaries  of  districts  are  changed,  the  territory 
transferred  carries  with  it  a  just  proportion  of  all  assets  and  liabilities  of 
the  district  from  which  it  is  taken.  5S  Iowa,  77. 

SEC.  1799.  (a)  District  township  boundaries  must  conform  to  the 
boundaries  of  civil  townships  under  the  provisions  of  section  1713.  The 
boundaries  of  independent  districts  are  not  affected  by  the  change  of  civil 
township  boundaries. 

(6)  The  words  school  district  in  this  section  mean  also  subdistrict.  Sec- 
tion 379,  Code. 


SCHOOL  LAWS  OF  IOWA.  53 

FORMATION    OF    INDEPENDENT    DISTRICTS. 

SECTION  1800.  (As  amended  by  Chap.  139,  Laws  of  1880.)  Any 
city,  town  or  village  containing  not  lees  than  two  hundred  inhabitants 
within  its  limits,  may  be  constituted  a  separate  school  district;  and 
territory  contiguous  to  such  city,  town  or  village,  may  be  included 
with  it  as  a  part  of  said  separate  district,  in  the  manner  hereinafter 
provided.  The  village  herein  mentioned  shall  be  understood  to  be  a 
collection  of  inhabitants  residing  within  the  limits  of  a  town  plat, 
and  not  organized  into  a  city  or  incorporated  town. 

SEC.  1801.  At  the  written  request  of  any  ten  legal  voters  residing 
in  such  city  or  town,  the  board  of  directors  of  the  district  township 
shall  establish  the  boundaries  of  the  contemplated  school  district,  in- 
cluding such  contiguous  territory  as  may  best  subserve  the  conven- 
ience of  the  people  for  school  purposes,  and  shall  give  at  least  ten 
days'  previous  notice  of  the  time  and  place  of  meeting  of  the  electors 

SEC.  1800.  (a)  The  two  hundred  inhabitants  must  be  contained  within 
the  limits  of  the  town  or  village.  70  Iowa,  434.  Additional  territory  should 
be  given  by  the  board  in  forming  the  new  independent  district.  Usually, 
territory  equivalent  to  about  four  government  sections,  will  constitute  a 
proper  district. 

(6)  An  independent  district  cannot  be  formed  from  a  city,  town  or  vil- 
lage situated  within  an  independent  district,  because  no  district  township 
board  can  establish  the  boundaries,  as  provided  by  sections  1801  and  1805. 

SEC.  1801.  (a)  The  contemplated  independent  district  must  include  all 
of  the  city,  town  or  village,  and  may  include  as  much  contiguous  territory 
as  the  board  think  proper.  It  is  not  limited  by  subdistrict  lines,  but  may,  if 
necessary,  include  a  part  or  all  of  two  or  more  subdistricts.  When  the 
boundaries  extend  beyond  the  limits  of  a  town  or  city;  they  must  conform 
to  lines  of  congressional  divisions  of  land.  Note  (a)  to  section  1800. 

(b)  The  board  of  the  district  township  in  which  a  majority  of  the  voters 
of  the  contemplated  independent  district  reside,  may  establish  the  bounda- 
ries of  said  district  without  the  concurrence  of  any  other  board,  even  when 
said  territory  is  taken  from  two  or  more  civil  townships  in  the  same  or  ad- 
joining counties.    Section  1805. 

(c)  The  notices  of  the  election  to  determine  the  question  of  a  separate 
organization  should  state  clearly  the  boundaries  of  the  proposed  district. 

(d)  The  president  and  secretary  of  the  district  township  should  act  as 
chairman  and  secretary  of  this  meeting,  and  as  judges  of  election;  in  their 
absence  a  chairman  and  secretary  should  be  chosen  by  the  electors. 

(e)  All  of  the  electors  residing  within  the  proposed  limits  must  be  per- 
mitted to  vote  on  the  question  of  separate  organization.    17  Iowa,  85. 


g4  SCHOOL  LAWS  OF  IOWA. 

residing  in  said  district,  by  posting  written  notices  in  at  least  five 
conspicuous  places  therein;  at  which  meeting  the  said  electors  shall 
vote  by  ballot,  for  or  against,  a  separate  organization. 

SEC.  1802.  (As  amended  by  Chap.  27,  Laws  of  1874,  and  Chap. 
143,  Laws  of  1880.)  Should  a  majority  of  votes  be  cast  in  favor  of 
such  separate  organization,  the  board  of  directors  of  the  district  town- 
ship, shall  give  similar  notice  of  a  meeting  of  the  electors  for  the 
election  of  six  directors.  Two  of  these  directors  shall  hold  their 
office  until  the  first  annual  meeting  after  their  election,  and  until  their 
successors  are  elected  and  qualified;  two  until  the  second,  and  two 
until  the  third  annual  meeting  thereafter;  their  respective  terms  of 
office  to  be  determined  by  lot.  The  six  directors  shall  constitute  a 
board  of  directors  for  the  district,  and  they  shall,  at  their  first  regular 
meeting  in  each  year,  elect  a  president  from  their  own  number;  and 
at  their  meeting  on  the  third  Monday  of  September  in  each  year,  a 
secretary  and  treasurer  to  be  chosen  outside  of  the  board;  provided 
that  in  all  independent  districts  having  a  population  of  less  than  five 
hundred,  there  shall  be  three  directors  elected,  who  shall  organize  by 
electing  a  president  from  their  own  number,  also  a  secretary,  who 
may  or  may  not  be  a  member  of  the  board,  and  a  treasurer,  who  shall 

(f)  At  the  meeting  to  determine  the  question  of  separate  organ!  zation 
the  polls  must  remain  open  from  9  o'clock  A.  M.  until  4  o'clock  p.  M.  34 
Iowa,  3C6. 

SEC.  1802.  (a)  The  first  board  will  enter  upon  the  discharge  of  official 
duties  as  soon  as  qualified,  and  organize  by  electing  a  president,  a  secretary 
and  a  treasurer;  the  term  of  office  of  the  president  will  expire  on  the  third 
Monday  in  March  following  his  election;  of  the  secretary  and  treasurer  on 
the  third  Monday  in  September  after  their  election. 

(b)  The  secretary  should  immediately  file  with  the  county  superintendent, 
auditor  and  treasurer,  each,  a  certificate,  showing  the  officers  of  the  board, 
and  their  post-office  address,  and  should  notify  them  of  all  subsequent 
changes  made  in  the  officers  of  the  board.    Section  1736. 

(c)  In  all  independent  districts,  the  president  is  chosen  by  the  board, 
from  their  own  number,  on  the  third  Monday  in  March.    He  has  the  right 
to  vote  on  all  questions  coming  before  the  board.    Note  (b)  to  section  1739. 

(d)  The  secretary  and  treasurer  are  elected  on  the  third  Monday  in  Sep- 
tember.   In  districts  containing  over  five  hundred  inhabitants,  they  must 
be  chosen  outside  of  the  board.    In  districts  containing  less,  the  secretary 
may  or  may  not  be  chosen  from  the  board,  but  the  treasurer  must  be  chosen 
outside  the  board.  Chosen  from  the  board,  of  course  the  secretary  has  a  vote. 

(e)  The  secretary  and  the  treasurer  have  ten  days  in  which  to  qualify.  Sec- 
tion 1721. 


SCHOOL  LAWS  OF  IOWA.  ^5 

not  be  a  member  of  the  board ;  and  provided  further  that  in  all  in- 
dependent districts  already  organized,  the  terms  of  office  of  such  di- 
rectors as  may  have  been  chosen  previous  to  the  taking  effect  of  this 
section  for  two  or  three  years,  shall  not  be  interfered  with  by  its 
passage. 

SEC.  1803.  Said  meeting  for  the  first  election  of  directors  shall  or- 
ganize by  appointing  a  president  and  secretary,  who  shall  act  as 
judges  of  the  election,  and  issue  a  certificate  of  election  to  the  persons 
elected. 

SEC.  1804.  The  organization  of  such  independent  district  shall  be 
completed,  on  or  before  the  first  day  of  August  of  the  year  in  which 
said  organization  is  attempted,  and  when  such  organization  is  thus 
completed,  all  taxes  levied  by  the  board  of  directors  of  the  district 
township  of  which  the  independent  district  formed  a  part,  in  that 
year,  shall  be  void  so  far  as  the  property  within  the  limits  of  the  in- 
dependent district  is  concerned;  and  the  board  of  directors  of  such 
independent  district  shall  levy  all  necessary  taxes  for  school  purposes, 
as  provided  by  law,  for  that  year,  at  a  meeting  called  for  that  pur- 
pose, at  any  time  before  the  third  Monday  of  August  of  that  year, 
which  shall  be  certified  to  the  board  of  supervisors,  on  or  before  the 
first  Monday  of  September,  and  said  board  of  supervisors  shall  levy 
said  tax  at  the  time,  and  in  the  manner,  that  school  taxes  are  requireed 
to  be  levied  in  other  districts. 

(f)  The  last  official  census  will,  as  a  general  rule,  be  sufficiently  accurate 
to  determine  questions  relating  to  the  population;  but  in  case  of  doubt,  the 
actual  existing  facts  govern ;  which  may  be  ascertained  by  any  reliable  means. 

(g)  In  case  the  board  fail  to  elect  an  officer  on  the  day  fixed  by  law,  or  at 
an  adjourned  meeting  the  day  of  which  was  fixed  at  adjournment,  the  in- 
cumbent holds  over,  and  should  qualify  anew.    Section  690,  Code, 

(h)  If  the  treasurer  continues  in  office  by  reason  of  failure  to  elect  a  suc- 
cessor, his  bond  should  be  renewed  and  he  should  produce  and  account  for 
the  funds  in  his  hands,  and  the  statement  of  such  settlement  should  be  in- 
dorsed on  his  new  bond.  Note  (d)  to  section  1751. 

(t)  All  proceedings  connected  with  the  organization  of  the  district  should 
be  recorded  by  the  secretaries  in  the  records  of  the  districts,  so  that  the  facts 
concerning  its  formation  and  organization  may  be  readily  obtained,  in  case 
the  validity  of  the  proceedings  should  ever  be  questioned. 

SEC.  1804.  (a)  This  section  is  construed  to  mean  that  the  organization 
contemplated  must  be  made  between  January  first  and  the  first  of  August. 

(6)    When  a  new  independent  district  is  organized,  as  provided  by  this 
section,  the  board  have  authority  to  determine  and  certify  all  necessary 
taxes,  for  school  purposes,  for  that  year,  including  school- house  taxes. 
9 


66  SCHOOL  LAWS  OF  IOWA. 

SEC.  1805.  In  case  such  district  is  formed  of  parts  of  two  or  more 
civil  townships  in  the  same  or  adjoining  counties,  the  duty  of  giving 
the  notice  shall  devolve  upon  the  board  of  directors  of  the  township 
in  which  a  majority  of  the  legal  voters  of  the  contemplated  district 
reside. 

SEC.  1806.  Said  district  may  have  as  many  schools,  and  be  divided 
into  such  wards  and  other  subdivisions  for  school  purposes,  as  the 
board  of  directors  may  deem  proper;  and  shall  be  governed  by  the 
laws  enacted  for  the  regulation  of  district  townships,  so  far  as  the 
same  may  be  applicable. 

INDEPENDENT   DISTRICT   ELECTION. 

SECTION  1807.  (As  amended  by  Chap.  131,  Laws  of  1886.)  It  shall 
be  lawful  for  the  electors  of  any  independent  district,  at  the  annual 
meeting  of  such  district,  to  vote  a  tax,  not  exceeding  ten  mills  on  the 
dollar,  in  any  one  year,  on  the  taxable  property  of  such  district,  as 
the  meeting  may  deem  sufficient  for  the  purchase  of  grounds  and  the 
construction  of  the  necessary  school-houses  for  the  use  of  such  inde- 
pendent district,  and  for  the  payment  of  any  debts  contracted  for  the 
erection  of  such  school-houses,  and  for  procuring  a  library  and  appa- 
ratus for  the  use  of  the  schools  of  such  independent  district.  And 
said  electors  may  direct  the  sale  or  other  disposition  to  be  made  of  any 
school-house  or  the  site  thereof,  or  any  part  of  such  site,  and  of  such 
other  property,  real  and  personal,  as  may  belong  to  the  independent 
district,  and  direct  the  manner  in  which  the  proceeds  arising  there- 
from shall  be  applied. 

SEC.  1805.  An  independent  district  composed  of  territory  from  two  coun- 
ties, belongs,  for  school  purposes,  to  the  county  wherein  a  majority  of  the 
scholars  reside.  A  certificate  to  teach  should  be  issued  by  the  superintend- 
ent of  the  county  to  which  it  thus  belongs,  which  certificate  is  valid  for  any 
school  in  the  district. 

SEC.  1807.  (a)  The  power  to  vote  school-house  taxes  belongs  exclusively 
to  the  electors.  The  amount  deemed  necessary,  and  not  a  certain  number 
of  mills,  should  be  voted.  The  sums  necessary  for  the  teachers'  and  contin- 
gent funds  are  determined  by  the  board  of  directors.  41  Iowa,  180. 

(b)  The  electors  frequently  assume  powers  not  granted  to  them  by  the 
law.    They  have  only  such  powers  as  are  specifically  named  in  the  law. 

(c)  Independent  districts  of  15,000  and  upwards  are  governed  by  chapter 
8,  laws  of  1880. 


SCHOOL  LAWS  OF  IOWA.  57 

SEC.  1808.  (As  amended  by  Chap.  7,  Laws  of  1880.)  The  annual 
meeting  of  all  independent  districts  shall  be  held  on  the  second  Mon- 
day in  March,  for  the  transaction  of  the  business  of  the  district,  and 
for  the  election  by  ballot  of  two  directors,  as  the  successors  of  the 
two  whose  term  expires,  who  shall  continue  in  office  for  three  yearB; 
and  the  president,  secretary,  and  one  of  the  directors  then  in  office, 
shall  act  as  judges  of  the  election,  and  shall  issue  certificates  of  elec- 
tion to  the  persons  elected  for  the  ensuing  term;  provided,  that  in 
all  independent  districts,  having  a  population  of  less  than  five  hun- 
dred, there  shall  be  elected,  annually,  one  director,  who  shall  con- 
tinue in  office  for  three  years.  In  cases  of  a  tie  vote  in  the  election 
of  director,  or  directors,  the  secretary  shall  notify  them  to  appear  at 
the  regular  meeting  of  the  board  on  the  third  Monday  in  March,  to 
determine  their  election  by  lot  before  one  or  more  members  of  the 
board  elected,  and  the  certificate  of  election  shall  be  given  accord- 
ingly. Should  either  party  fail  to  appear  or  take  part  in  the  lot,  the 
secretary  shall  draw  for  him. 

CHANGES    IN   FORM  OF   DISTRICT. 

SECTION  1809.  When  an  independent  district  has  been  formed  out  of 
a  civil  township,  or  townships,  as  herein  contemplated,  the  remainder 
of  such  township,  or  of  each  of  such  townships,  as  the  case  may  be, 
shall  constitute  a  district  township  as  provided  in  section  seventeen 
hundred  and  thirteen  of  this  chapter,  and  the  boundaries  between 

SEC.  1808.  (a)  All  vacancies  which  have  occurred  in  the  board,  during 
the  year,  should  also  be  filled  by  election,  and  the  ballot  should  designate  the 
vacancy  to  be  filled;  the  persons  so  elected  hold  for  the  residue  of  the  unex- 
pired  term;  all  persons  appointed  to  fill  vacancies  in  office  hold  until  the 
next  regular  election.  Constitution  of  Iowa,  article  11,  section  6;  also,  sec- 
tion 785,  Code. 

(6)  Members  elect  enter  upon  their  duties  at  the  time  of  the  regular  meet- 
ing of  the  board,  on  the  third  Monday  in  March.  For  time  and  manner  of 
choosing  officers  of  the  board,  see  sections  1721,  1790, 1802, 1806,  and  notes. 

(c)  In  independent  districts,  a  director  holding  over  and  qualifying  anew 
is  only  entitled  to  hold  the  office  until  it  can  be  filled  at  the  next  election. 
54  Iowa,  487. 

SEC.  1809  (a)  The  change  of  boundaries  authorized  by  this  section  may 
be  made  at  any  time  of  year. 

(6)  If  the  boundary  between  an  independent  district  and  district  town- 
ship is  the  line  of  the  civil  township,  it  cannot  be  changed;  but  if  the  inde- 


68  SCHOOL  LAWS  OF  IOWA. 

such  district  township  and  independent  district  may  be  changed,  or 
the  independent  district  abandoned,  at  any  time,  with  the  concurrence 
of  the  respective  boards  of  directors. 

SEC.  1810.'  In  case  an  independent  district  embraces  a  part  or  the 
whole  of  a  civil  township  which  has  no  separate  district  township 
organization,  upon  the  written  application  of  two-thirds  of  the  elect- 
ors residing  upon  the  territory  of  such  independent  district,  and 
within  such  civil  township,  to  the  board  of  directors,  they  shall  set 
off  such  territory,  whether  provided  with  school-houses  or  not,  to  be 
organized  as  a  district  township  in  the  manner  provided  for  such  or- 
ganization when  a  new  civil  township  is  formed. 

SEC.  1811.  (As  amended  by  Chap.  63,  Laws  of  1888.)  Independent 
districts  located  contiguous  to  each  other,  may  unite  and  form  one 
and  the  same  independent  district,  in  the  manner  following:  At  the 
written  request  of  any  ten  legal  voters  residing  in  each  of  said  inde- 
pendent districts,  or,  should  there  not  be  ten  legal  voters  in  one  of 
such  districts,  then  at  the  written  request  of  the  majority  of  such 
voters,  their  respective  boards  of  directors  shall  require  their  secre- 
taries to  give  at  least  ten  days'  notice  of  the  time  and  place  for  a 
meeting  of  the  electors  residing  in  such  districts,  by  posting  written 
notices  in  at  least  five  public  places  in  each  of  said  districts,  at  which 

pendent  district  includes  a  portion  of  a  civil  township,  the  remainder  of 
which  constitutes  a  district  township,  the  boundaries  may  be  changed. 

(c)  Chapter  62,  laws  of  1888,  provides  for  change  of  boundaries  between 
adjoining  independent  districts  in  the  same  civil  township. 

(d)  Where  a  change  of  boundaries  between  districts  is  desired,  and  one  of 
the  boards  acts  favorably  to  the  change,  a  petition  may  be  presented  to  the 
other  board  to  concur  in  that  action,  although  they  formerly  may  have  re- 
fused to  grant  a  similar  petition.    From  the  action  of  the  latter  board  upon 
this  petition,  an  appeal  may  be  taken. 

(e)  No  appeal  can  be  taken  from  an  action  of  the  board  taking  the  initia- 
tory step,  while  it  requires  the  concurrence  of  another  board  to  complete 
the  action.    The  concurrence  or  non-concurrence  of  the  second  board  is  the 
order  from  which  an  appeal  may  be  taken.    S.  L.  Decisions,  24  and  58. 

(/)  When  an  appeal  is  taken  from  the  proper  board,  the  county  superin- 
tendent must  affirm  the  action  of  one  board  or  the  other,  but  cannot  himself 
modify  the  action  of  the  board  acting  first. 

(g)  Territory  transferred  from  one  district  to  another  carries  with  it  an 
equitable  proportion  of  the  assets  and  liabilities  of  the  district  from  which 
it  is  taken;  the  district  accepting  it  becoming  responsible  for  such  liabilities .. 


SCHOOL  LAWS  OF  IOWA.  gg 

meetings  the  said  electors  shall  vote  by  ballot  for  or  against  a  con- 
solidated organization  of  said  independent  districts;  and  if  a  majority 
of  the  votes  cast  at  the  election  in  each  district,  shall  be  in  favor  of 
uniting  said  districts,  then  the  secretaries  shall  give  similar  notice  of 
a  meeting  of  the  electors  as  provided  for,  by  the  law,  for  the  organi- 
zation of  independent  districts.  The  independent  district  thus  con- 
solidated shall  be  completed,  and  its  directors  governed  by  the  same 
provisions  of  the  law  which  apply  to  other  independent  districts. 
Where  from  the  courses  of  Iowa  rivers,  and  the  contour  of  the  ad  join- 
ing territory,  theproper  school  facilities  cannot  be  given  to  the  school 
children  of  each  territory  by  forming  school  districts  from  the  terri- 
tory in  any  one  county,  independent  school  districts  may  be  formed 
from  the  contiguous  territory  in  adjoining  counties.  Any  independ- 
ent school  district  heretofore  formed  under  this  section,  where  there 
were  less  than  ten  legal  voters  residing  therein  at  the  time  of  the 
consolidation,  is  hereby  legalized  and  made  valid  provided  that  two- 
thirds  of  the  legal  voters  then  residing  in  such  independent  district 
petition  for  such  consolidation. 

SEC.  1812.  Where,  under  the  school  laws  of  the  state  heretofore 
in  force,  for  the  convenience  and  accommodation  of  the  people, 
school  districts  were  formed  of  portions  of  two  counties  of  territory 
lying  contiguous  to  each  other,  at  the  written  request  of  five  legal 
voters  residing  in  portions  of  said  territory  in  each  county,  the  board 
of  directors  of  the  district  township  to  which  such  territory  belongs, 
having  a  majority  of  the  legal  voters,  shall  fix  the  boundaries  of  an 
independent  school  district  composed  of  such  sections  of  land,  or  por- 
tions thereof,  as  may  be  described  in  the  petition  therefor,  and  shall 
give  at  least  ten  days'  notice  of  the  submission  of  the  question  of  the 
formation  of  said  independent  district,  at  a  special  election  for  said 
purpose,  specifying  the  boundaries  of  the  district,  the  time  and  place 
of  meeting  of  the  electors  for  such  election,  at  which  meeting  the 
electors  in  the  contemplated  district  shall  vote  by  ballot  for  or 
against  the  separate  organization.  Should  a  majority  of  the  votes  be 
cast  in  favor  of  such  separate  organizition,  the  said  board  of 
directors  shall  proceed  by  ballot  to  elect  officers  in  the  manner  pro- 
vided by  law,  and  organize  such  independent  district. 

SEC.  1812.  The  language  of  the  last  clause  is  construed  to  mean  that  the 
board  shall  proceed  to  call  an  election  in  the  independent  district  for  the 
election  of  directors,  as  provided  by  section  1802. 


70  SCHOOL  LAWS  OF  IOWA. 

SEC.  1813.  The  boards  of  directors  of  the  several  independent 
school  districts  are  hereby  required  to  publish,  two  weeks  before  the 
annual  school  election  in  such  district,  by  publication  in  one  or  more 
newspapers,  if  any  are  published  in  such  district,  or  by  posting  up  in 
writing,  in  not  less  than  three  conspicuous  places  in  such  independent 
district,  a  detailed  and  specific  statement  of  the  receipts  and  dis- 
bursements of  all  funds  expended  for  school  and  building  purposes, 
for  the  year  preceding  such  annual  election.  And  the  said  boards  of 
directors  shall  also,  at  the  same  time,  publish  in  detail,  an  estimate  of 
the  several  amounts  which,  in  the  judgment  of  such  board,  are  neces- 
sary to  maintain  the  schools  in  such  district,  for  the  next  succeeding 
school  year;  and  failure  to  comply  with  the  provisions  of  this  sec- 
tion, shall  make  each  director  liable  to  a  penalty  of  ten  dollars. 

SBC.  1814.  Township  districts  may  be  consolidated  and  organized 
as  independent  districts,  in  the  following  manner:  Whenever  the 
board  of  directors  of  any  existing  district  township  shall  deem  the 
same  advisable,  and  also  whenever  requested  to  do  so  by  a  petition 
signed  by  one-third  of  the  voters  of  the  district  township,  the  board 
shall  submit  to  the  voters  of  said  district  township,  at  a  regular  elec- 
tion, or  one  called  for  the  purpose,  the  question  of  consolidation,  at 
which  election  the  voters  of  the  district  township  shall  vote  for,  or 
against  consolidation.  If  a  majority  of  votes  shall  be  in  favor  of 
such  consolidated  organization,  such  district  township  shall  organize 
on  the  second  Monday  of  March  following,  as  an  independent  district; 
provided  that  in  townships  which  have  been  divided  into  independ- 
ent districts,  the  duties  in  this  section  devolving  on  the  board  of  di- 

SEC.  1813.  (a)  This  statement  should  show  the  total  receipts  and  ex- 
penditures for  each  fund,  followed  by  an  estimate  of  the  amount  required 
for  each  fund,  to  maintain  the  schools  for  the  ensuing  year.  The  detailed 
and  specific  statement  of  the  receipts  and  disbursements  of  all  funds  ex- 
pended, should  be  sufficiently  itemized  to  show  the  amount  received  from 
each  separate  source,  also  the  amount  expended  for  each  particular  purpose. 

(&)  This  statement  is  for  the  information  of  the  electors,  but  they  should 
not  vote  upon  the  amount  of  taxes  to  be  levied  for  contingent  and  teachersr 
fund,  since  these  matters  are  determined  by  the  board.  Section  1777. 

SEC.  1814.  (a)  Any  district  township  may  organize  into  a  single  inde- 
pendent district,  embracing  the  whole  township.  The  vote  may  be  ordered 
at  any  regular  or  special  meeting  of  the  board,  and  submitted  to  the  electors 
at  any  time  of  the  year,  but  if  carried  in  the  affirmative,  does  not  take 
effect  until  the  second  Monday  in  March  following,  when  the  directors  are 
elected. 


SCHOOL  LAWS  OF  IOWA. 


71 


rectors,  shall  be  performed  by  the  trustees  of  the  township,  to  whom 
the  petition  shall  in  such  cases  be  addressed;  and  provided  further 
that  nothing  in  this  section  shall  be  construed  to  affect  independent 
districts  composed  wholly  or  mainly  of  cities  or  incorporated  towns. 
Independent  districts  may,  in  like  manner,  change  their  boundaries 
so  as  to  form  any  number  of  districts  less  than  the  number  of  dis- 
tricts existing  at  the  time  such  change  is  asked  for,  and  such  changes 
shall  be  specified  in  the  notices  for  a  vote  thereon. 

SEC.  1815.  (As  amended  by  Chap.  155,  Laws  of  1876.)  The  inde- 
pendent districts  of  a  civil  township  may  be  constituted  a  district 
township  in  the  manner  hereinafter  provided. 

SEC.  1816.  (As  amended  by  Chap.  155,  Laws  of  1876.)  At  the 
written  request  of  one-third  of  the  legal  voters  residing  in  any  civil 
township,  which  is  divided  into  independent  districts,  the  township 
trustees  shall  call  a  meeting  of  the  qualified  electors  of  such  civil 

(&)  By  adopting  the  independent  district  system,  there  will  be  but  six 
directors  in  any  case,  and  but  three  where  the  township  contains  less  than 
five  hundred  inhabitants.  At  the  first  election  the  whole  number  is  elected, 
and  divided  by  lot  into  three  classes;  after  which,  one  or  two  directors  only 
will  be  elected  annually. 

(c)  When  independent  districts  have  been  formed  from  the  subdistricts 
of  a  township,  they  may  also,  under  the  provisions  of  this  section,  unite 
into  one  independent  district.    In  this  case  the  petition  of  one- third  of  the 
electors  in  the  township  should  be  presented  to  the  township  trustees, 
whose  duty  it  is  to  call  the  meeting  to  vote  on  the  question  of  consolidation. 

(d)  The  plan  of  making  each  civil  township  an  independent  district,  gov- 
erned by  a  board  chosen  from  the  township  at  large,  is,  in  many  respects, 
the  best  system  yet  devised.    It  reduces  the  number  of  school  officers,  pro- 
vides for  gradual  changes  in  the  board,  secures  uniform  taxation  for  the 
support  of  schools  throughout  the  township,  encourages  the  establishment 
of  graded  schools  for  advanced  scholars,  and  tends  to  the  selection  of  teach- 
ers according  to  the  qualifications  and  work  required  in  each  single  case. 

SEC.  1815.  (a)  The  electors  of  any  civil  township  which  has  adopted  the 
independent  district  organization,  may  vote  upon  the  question  of  returning 
to  the  district  township  organization,  under  sections  1815-1820,  as  amended. 
This  operates  as  a  repeal  of  these  sections  as  found  in  the  Code  of  1873. 

(6)  A  single  independent  district,  embracing  the  whole  of  the  civil  town- 
ship, may  be  formed  by  section  1814;  a  system  possessing  many  advantages 
over  any  other,  in  simplicity  of  organization,  permanency  of  officers,  uni- 
formity of  taxation,  and  economy  of  management.  ^Note  (d)  to  section  1814. 

SEC.  1816.  (a)  The  petition  provided  for  in  this  section  may  be  pre- 
sented to  the  trustees  and  the  vote  ordered  at  any  time  of  the  year. 


72 


SCHOOL  LAWS  OF  IOWA. 


township,  at  the  usual  place  of  holding  the  township  election,  by 
giving  at  least  ten  days'  notice  thereof,  by  posting  three  written 
notices  in  each  independent  district  in  the  township,  and  by  publica- 
tion in  a  newspaper,  if  one  be  published  in  such  township,  at  which 
meeting  the  said  electors  shall  vote  by  ballot  for  or  against  a  district 
township  organization. 

SEC.  1817.  (As  amended  by  Chap.  155,  Laws  of  1876.)  If  a  major- 
ity of  the  votes  cast  at  such  election  be  in  favor  of  such  district  town- 
ship organization,  each  independent  district  shall  become  a  subdis- 
trict  of  the  district  township,  and  shall  organize  as  such  subdistrict 
on  the  first  Monday  in  March  following,  by  the  election  of  a  subdi- 
rector. 

SEC.  1818.  (As  amended  by  Chap.  155,  Laws  of  1876.)  Each  sub- 
district  so  formed  shall  hold  a  meeting  on  the  first  Monday  in  March, 
for  the  election  of  a  subdirector;  five  days'  notice  of  which  meeting 
shall  be  given  by  the  secretary  of  the  old  independent  district,  by 
posting  written  notices  in  three  public  places  in  each  district,  which 
notices  shall  state  the  hour  and  place  of  meeting. 

SEC.  1819.  (As  amended  by  Chap.  155,  Laws  of  1876.)  District 
townships  organized  under  the  provisions  of  the  preceding  four  sec- 
tions, shall  be  governed  and  treated  in  all  respects  as  other  district 
townships;  provided  that  nothing  in  this  act  shall  be  construed  to 

(6)  The  meeting  held  to  determine  the  question  of  district  township  or- 
ganization, is  a  township  meeting;  if  the  vote  is  in  the  affirmative,  each  and 
every  independent  district  in  the  township,  except  those  composed  of  cities 
or  towns,  becomes  a  subdistrict  of  the  district  township. 

(c)  The  township  trustees  may  act  as  judges  of  this  election;  in  their 
absence  the  electors  assembled  may  choose  a  chairman  and  one  or  two  sec- 
retaries to  act  as  judges.  The  polls  should  be  kept  open  from  9  A.  M.  to  4 
p.  M.  Note  (/)  to  section  1801. 

SEC.  1817.  The  board  of  each  independent  district  will  continue  to  act 
until  the  third  Monday  in  March  following  the  election,  at  which  time  a 
full  statement  of  all  assets  and  liabilities  of  the  district  should  be  reported 
to  the  board  of  the  district  township  when  organized. 

SEC.  1818.  For  powers  and  duties  of  this  meeting,  see  sections  1718  and 
1719  and  notes. 

SEC.  1819.  (a)  Upon  the  organization  of  the  district  township,  the  sec- 
retary should  file  with  the  county  auditor  and  treasurer  a  certified  plat  of 
the  district,  and  report  to  the  county  superintendent,  auditor  and  treasurer 
the  name  and  address  of  each  officer  of  the  board. 


SCHOOL  LAWS  OF  IOWA.  73 

affect  independent  districts  composed,  wholly  or  mainly,  of  cities  or 
incorporated  towns. 

SEC.  1820.  (As  amended  by  Chap.  155,  Laws  of  1876.)  When  any 
district  township  is  organized  under  the  provisions  of  the  preceding 
five  sections,  the  subdirectors  shall  organize  as  a  board  of  directors, 
on  the  third  Monday  in  March,  and  make  an  equitable  settlement  of 
the  then  existing  assets  and  liabilities  of  the  several  independent  dis- 
tricts. 

BONDS. 

SECTION  1821.  (As  amended  by  Chap.  121,  Laws  of  1876.)  Inde- 
pendent school  districts  shall  have  the  power  and  authority  to  borrow 
money,  for  the  purpose  of  redeeming  outstanding  bonds,  and  erecting 
and  completing  school  houses,  by  issuing  negotiable  bonds  of  the  in- 
dependent district,  to  run  any  period  not  exceeding  ten  years,  draw- 
ing a  rate  of  interest  not  to  exceed  ten  per  centum  per  annum,  which 
interest  may  be  paid  semi- annually;  which  said  indebtedness  shall  be 
binding  and  obligatory  on  the  independent  district  for  the  use  of 
which  said  loan  shall  be  made;  but  no  district  shall  permit  a  greater 

(6)  The  district  township  meeting  should  be  held  on  the  second  Monday 
in  March,  for  the  purpose  of  voting  the  necessary  school-house  taxes,  as 
provided  in  section  1717. 

SEC.  1820.  (a)  Between  the  time  of  the  election  provided  for  in  section 
1816,  and  the  third  Monday  in  March  following,  the  boards  of  the  several 
independent  districts  have  authority  to  perform  all  necessary  acts  relating 
to  the  affairs  of  their  districts,  but  they  cannot  incur  any  indebtedness,  nor 
make  any  contracts,  except  such  as  may  be  necessary  to  maintain  the  usual 
schools  of  their  districts. 

(6)  The  district  township  receives  all  the  assets  and  assumes  all  the  lia- 
bilities of  the  several  independent  districts.  In  case  an  independent  district 
has  issued  bonds,  or  otherwise  incurred  an  indebtedness,  for  the  erection  of 
a  school-house,  the  board  of  the  district  township  have  authority  to  appor- 
tion school- house  taxes  for  the  payment  of  such  indebtedness,  from  time  to 
time,  as  j  ustice  and  equity  may  require. 

SEC.  1821.  (a)  Bonds  voted  under  the  provisions  of  this  section  may  be 
issued  and  sold  as  the  necessities  of  the  independent  district  require,  but 
cannot  be  made  available  for  the  purchase  of  school-house  sites. 

(6)  Chapter  132,  laws  of  1878,  and  chapter  51,  laws  of  1880,  provide  for 
the  issue  of  bonds  by  the  board  to  fund  judgment  indebtedness. 


10 


74  SCHOOL  LAWS  OF  IOWA 

outstanding  indebtedness  than  an  amount  equal  to  five  per  centum  of 
the  last  assessed  value  of  the  property  of  the  district. 

SEC.  1822.  (As  amended  by  Chap.  59,  Laws  of  1880.)  The  di- 
rectors of  any  independent  district,  may  submit  to  the  voters  of  their 
district,  at  the  annual  or  a  special  meeting,  the  question  of  issuing 
bonds  as  contemplated  by  the  preceding  section,  giving  the  same 
notice  of  such  meeting  as  is  now  required  by  law  to  be  given  for  the 
election  of  officers  of  such  districts,  and  the  amount  proposed  to  be 
raised  by  the  sale  of  such  bonds,  which  question  shall  be  voted  upon 
by  the  electors,  and  if  a  majority  of  all  the  votes  cast  on  that  ques- 
tion be  in  favor  of  such  loan,  then  said  board  shall  issue  bonds  to  the 
amount  voted,  in  denominations  of  not  less  than  twenty-five  dollars, 
nor  exceeding  one  thousand  dollars,  due  not  more  than  ten  years  after 
date,  and  payable  at  the  pleasure  of  the  district  at  any  time  before 
due,  which  said  bonds  shall  be  given  in  the  name  of  the  independent 
district  issuing  them,  and  shall  be  signed  by  the  president  of  the 
board,  and  attested  by  the  secretary,  and  delivered  to  the  treasurer, 
taking  his  receipt  therefor,  who  shall  negotiate  said  bonds  at  not  less 
than  their  par  value,  and  countersign  the  same  when  negotiated.  The 
treasurer  shall  stand  charged  upon  his  official  bond  with  all  bonds 
that  may  be  delivered  to  him;  but  any  bond  or  bonds  not  negotiated 
may  be  returned  by  him  to  the  board. 

SEC.  1823.  If  the  electors  of  an  independent  school  district  which 
has  issued  bonds,  shall,  at  the  annual  meeting  in  March  for  any  year, 
fail  to  vote  sufficient  school-house  tax  to  raise  a  sum  equal  to  the  in- 
terest on  the  outstanding  bonds  which  will  accrue  during  the  then 
coming  year,  and  such  portion  of  the  principal  as  will  liquidate  and 
pay  off  said  bonds  at  maturity,  then  it  shall  be  lawful  for  the  board 
of  such  district,  to  vote  a  sufficient  rate  on  the  taxable  property  of 
the  district,  to  pay  such  interest,  and  such  proportionate  portion  of 
the  principal  as  will  pay  said  bonds  in  full,  by  the  time  of  their  ma- 
turity, and  shall  cause  the  same  to  be  certified  and  collected,  the  same 
as  other  school  taxes. 

(c)  Chapter  132,  laws  of  1880,  as  amended,  provides  for  the  refunding  of 
bonded  and  judgment  indebtedness,  by  a  two-thirds  vote  of  the  board,  with- 
out a  vote  of  the  electors,  but  the  interest  upon  bonds  so  issued  is  limited 
to  seven  per  cent,  and  the  bonds  must  run  at  least  five  years. 


SCHOOL  LAWS  OF  IOWA.  75 

SEC.  1824.  All  school  orders  shall  draw  lawful  interest,  after 
having  been  presented  to  the  treasurer  of  the  district,"and  not  paid  for 
want  of  funds,  which  fact  shall  be  indorsed  upon  the  order  by  the 
treasurer. 

SCHOOL  HOUSE    SITES. 

SECTION  1825.  It  shall  be  lawful  for  any  district  township  or  in- 
dependent district,  to  take  and  hold,  under  the  provisions  contained 
in  this  chapter,  so  much  real  estate  as  may  be  necessary  for  the  loca- 
tion and  construction  of  a  school-house,  and  convenient  use  of  the 
school;  provided  that  the  real  estate  so  taken,  otherwise  than  by  the 
consent  of  the  owner  or  owners,  shall  not  exceed  one  acre. 

SEC.  1826.  The  site  so  taken  must  be  on  some  public  highway,  at 
least  forty  rods  from  any  residence,  the  owner  whereof  objects  to  its 
being  placed  nearer,  and  not  in  any  orchard,  garden  or  public  park. 
But  this  section  shall  not  apply  to  any  incorporated  town. 

SEC.  1824.  The  board  may  not  authorize  the  payment  of  interest  to  ex- 
ceed six  per  cent.  If  no  rate  is  specified  in  the  order  it  will  draw  six  per 
cent.  Interest  can  be  paid  on  an  order  only  from  the  date  of  its  presenta- 
tion, whether  the  rate  is  specified  in  the  order  or  not.  51  Iowa,  102. 

SEC.  1825.    (a)    A  site  of  less  than  one  acre  may  be  enlarged  to  an  acre. 

(6)    The  acre  contemplated  in  this  section  means  exclusive  of  highway. 

(c)  Property  encumbered,   occupied  as   a  homestead,  or  belonging  to 
minor  heirs,  may  be  taken  under  the  provisions  of  this  section. 

(d)  If  the  district  cannot  establish  its  claim  to  the  school- house  site, 
owing  to  the  loss  of  the  deed,  or  for  other  reason,  and  the  owner  refuses  to 
grant  the  site,  the  district  may  avail  itself  of  the  provisions  of  this  and  the 
following  sections  and  secure  a  site  not  to  exceed  one  acre. 

SEC.  1826.  (a)  All  sites  taken  under  these  sections,  must  be  located  on  a 
public  road,  and  at  least  forty  rods  from  any  residence,  the  owner  whereof 
objects  to  its  being  placed  nearer,  except  in  incorporated  towns. 

(&)  When  a  site  is  sought  to  be  condemned,  the  distance  of  forty  rods 
mentioned  in  this  section,  is  measured  from  the  nearest  part  of  the  resi- 
dence to  the  nearest  part  of  the  site,  in  a  straight  line. 

(c)  Under  the  Iowa  statute  of  limitations,  ten  years'  use  of  a  highway 
by  the  public,  under  a  claim  of  right,  will  bar  the  owner  of  the  soil.    19 
Iowa,  123. 

(d)  If  the  public,  with  the  knowledge  of  the  owner  of  land,  has  claimed 
and  continuously  exercised  the  right  of  using  the  same  for  a  public  high- 
way, for  a  period  equal  to  that  fixed  by  the  statute  for  the  limitation  of  real 
actions,  a  complete  right  to  the   highway   thereby   becomes  established 
against  the  owner,  unless  it  appears  that  such  use  was  by  favor,  leave  or 
mistake.    22  Iowa,  457. 


rjQ  SCHOOL  LAWS  OF  IOWA. 

SEC.  1827.  (As  amended  by  Chap.  134,  Laws  of  1886.)  If  the 
owner  of  any  such  real  estate  refuse  or  neglect  to  grant  the  site 
on  his  premises,  or  if  such  owner  cannot  be  found,  the  county 
superintendent  'of  the  county  in  which  said  real  estate  may  be 
situated,  shall,  upon  application  of  either  party,  appoint  three  dis- 
interested persons  of  said  county,  unless  a  smaller  number  is 
agreed  upon  by  the  parties,  who  shall,  after  taking  an  oath  to  faith- 
fully and  impartially  discharge  the  duties  imposed  on  them  by  this 
chapter,  inspect  said  real  estate,  and  assess  the  damages  which  said 
owner  will  sustain,  by  appropriation  of  his  land  for  the  use  of  said 
house  and  school,  said  county  superintendent  giving  to  the  owner  of 
such  real  estate,  the  same  notice  as  is  required  for  the  commencement 
of  a  suit  at  law,  in  the  district  court,  of  the  time  of  such  assessment 
of  damage,  and  make  a  report  in  writing,  to  the  county  superintend- 
ent of  said  county,  giving  the  amount  of  damages,  description  of 
land,  and  exact  location,  who  shall  file  and  preserve  the  same  in  his 
office.  If  said  board  shall,  at  any  time  before  they  enter  upon  said 
land,  for  the  purpose  of  building  said  house,  deposit  with  the  county 
treasurer,  for  the  use  of  said  owner,  the  sum  so  assessed  as  aforesaid, 
they  shall  be  thereby  authorized  to  build  such  house,  and  maintain 
the  right  to  said  premises;  provided  that  either  party  may  have  the 
right  to  appeal  from  said  assessment  of  damages,  to  the  district  court 
of  the  county  where  such  real  estate  is  situated,  within  twenty  days 
after  receiving  notice  that  such  assessment  is  made,  which  appeal 
shall  be  final;  but  such  appeal  shall  not  delay  the  prosecution  of  work 
upon  said  house,  if  said  board  shall  pay,  or  deposit  with  the  county 

SEC.  1827.  (a)  If  personal  service  cannot  be  made,  as  provided  by  sec- 
tions 2601-2610,  Code,  the  notice  must  be  published,  four  consecutive  weeks, 
previous  to  the  appraisement,  in  a  newspaper.  Sections  2618-2620,  Code. 
Forms  41,  42,  43,  44  and  45. 

(6)  The  appraisers  are  entitled  to  two  dollars  for  each  day's  service,  and 
ten  cents  per  mile  from  their  residence  to  the  location  of  the  property  ap- 
praised. Sections  3811-3813,  Code. 

(c)  When  the  owner  of  land  taken  under  section  1827  is  unknown,  or  can- 
not be  found,  it  is  not  necessary  to  print  the  report  of  appraisement,  or  to 
attempt  other  notice  to  said  owner,  than  the  printed  notice  required  by  this 
section.    It  is  sufficient  for  the  county  superintendent  to  send  a  certified 
copy  to  the  board. 

(d)  If  the  board  have  deposited  with  the  county  treasurer  the  amount 
assessed  by  the  appraisers  in  accordance  with  this  section,  we  think  the 
courts  would  hold  that  the  district  had  come  into  possession  of  the  site. 


SCHOOL  LAWS  OF  IOWA,  77 

treasurer,  the  amount  so  assessed  by  such  appraisers,  and  in  no  case 
shall  said  board  be  liable  for  costs  on  appeal,  unless  the  owner  of 
said  real  estate  shall  be  adjudged  a  greater  amount  of  damages  than 
was  awarded  by  said  appraisers.  The  board  shall  in  all  cases  pay 
costs  of  the  first  assessment. 

SEC.  1828.  The  title  acquired  by  said  school  districts  in  and  to 
said  real  property  shall  be  for  school  purposes  only,  and  in  case  the 
same  should  cease  to  be  used  for  said  purpose,  for  the  space  of  two 
years,  then  the  title  shall  revert  to  the  owner  of  the  fee,  upon  the  re- 
payment by  him  of  the  principal  amount  paid  for  said  land,  by  said 
districts,  without  interest,  together  with  the  value  of  any  improve- 
ments thereon  erected  by  said  districts;  provided  that  during  the 
time  said  site  is  used  for  school  purposes,  the  owners  of  the  fee  shall 
not  injure  or  remove  the  timber  standing  and  growing  thereon. 

APPEALS. 

SECTION  1829.  Any  person  aggrieved  by  any  decision  or  order  of 
the  district  board  of  director?,  in  matter  of  law  or  of  fact,  may,  within 
thirty  days  after  the  rendition  of  such  decision,  or  the  making  of  such 

(e)  The  money  deposited  with  the  county  treasurer  should  be  held  for  the 
benefit  of  the  owner  of  the  fee,  and  not  for  the  mortgagee. 

(/)  Since  the  receipt  of  the  treasurer  for  the  money  deposited  with  him 
for  the  owner  of  the  land,  may  be  the  only  evidence  of  title,  such  a  receipt 
should  have  a  full  description  of  the  property,  containing  the  proviso  of 
note  (b}  of  form  15,  and  should  be  recorded  by  the  county  recorder. 

SEC.  1828.  (a)  No  deed  or  other  instrument  from  the  owner  is  required  to 
authorize  the  district  to  occupy  the  land  for  school  purposes.  The  proceed- 
ings should  be  recorded  in  full  by  the  district  secretary. 

(b)  In  case  the  land  desired  for  a  school  site  is  under  mortgage,  the  dis- 
trict may  receive  from  the  owner  the  lease  of  a  portion  not  to  exceed  one 
acre,  to  be  held  by  the  district  as  long  as  used  for  school  purposes,  and  when 
no  longer  so  used,  to  revert  to  the  owner,  as  provided  by  this  section. 

SEC.  1829.  (a)  The  right  of  appeal  is  limited  to  persons  aggrieved  or  in- 
juriously affected  by  the  decision  or  order  complained  of. 

(b)  After  the  expiration  of  thirty  days,  the  county  superintendent  can- 
not entertain  an  appeal. 

(c)  AH  the  decisions  or  orders  of  the  board  of  directors  are  subject  to 
revision  on  appeal.     When  the  act  complained  of  is  of  a  discretionary 
character,  the  action  of  the  board  should  be  sustained,  unless  it  is  clearly 
shown  that  the  board  violated  law,  abused  its  discretion,  or  acted  with 
manifest  ID  justice.    S.  L.  Decisions,  35. 


78 


SCHOOL  LAWS  OF  IOWA. 


order,  appeal  therefrom  to  the  county  superintendent  of  the  proper 
county. 

SEC.  1830.  The  basis  of  the  proceeding  shall  be  an  affidavit,  filed 
by  the  party  aggrieved  with  the  county  superintendent,  within  the 
time  for  taking  the  appeal. 

SEC.  1831.  The  affidavit  shall  set  forth  the  errors  complained  of  in 
a  plain  and  concise  manner. 

SEC.  1832.  The  county  superintendent  shall,  within  five  days  after 
the  tiling  of  such  affidavit  in  his  office,  notify  the  secretary  of  the 
proper  district,  in  writing,  of  the  taking  of  such  appeal.  And  the 
latter  shall,  within  ten  days  after  being  thus  notified,  file  in  the  office 
of  the  county  superintendent,  a  complete  transcript  of  the  record  and 

(d)  To  correct  an  illegal  action  of  the  board,  certiorari,  and  not  appeal, 
is  the  remedy.    65  Iowa,  215. 

(e)  No  appeal  can  be  taken  from  the  action  of  the  board  taking  the  initia- 
tory step,  while  it  requires  the  concurrence  of  another  board  to  complete 
the  action.    The  concurrence  or  non-concurrence  of  the  second  board  is  the 
order  from  which  an  appeal  may  be  taken.    S.  L.  Decisions,  24  and  58,  also 
notes  (d),  (e)  and  (/)  to  section  1809. 

SEC.  1830.  An  affidavit  is  a  written  declaration  under  oath,  made  with- 
out notice  to  the  adverse  party.  Section  3889,  Code.  It  must  be  sworn  to 
before  some  officer  authorized  to  administer  oaths.  A  county  superintend- 
ent can  have  no  jurisdiction  of  an  appeal  case  until  such  affidavit  has  been 
filed.  A  notice  of  intention  to  file  an  affidavit,  a  verbal  complaint,  or  a 
petition,  is  not  sufficient  to  give  the  county  superintendent  jurisdiction  in 
appeal  cases.  Form  46. 

SEC.  1831.  (a)  The  affidavit  should  contain,  first,  a  statement  of  the 
decision  complained  of  and  its  date;  second,  a  statement  of  facts  showing 
that  the  appellant  has  an  interest  in  the  decision,  and  is  injuriously  affected 
by  it;  third,  the  assignment  of  errors.  Form  46. 

(&)  This  affidavit  being  the  first  paper  filed,  care  should  be  taken  that  the 
case  is  properly  entitled,  and  this  title  should  be  preserved  throughout  the 
further  progress  of  the  appeal.  The  date  of  filing  should  be  indorsed  upon 
the  affidavit  by  the  superintendent. 

SEC.  1832;  (a)  The  notice  should  describe  the  decision  or  order  appealed 
from,  so  that  it  may  be  identified,  and  should  require  the  district  secretary 
to  file  the  transcript  with  the  superintendent  within  the  time  specified. 
The  notice  may  be  served  personally  or  sent  by  mail.  Form  47. 

(6)  The  secretary  shall  make  and  forward  a  transcript  or  copy  of  the 
record  of  all  actions  of  the  board  relating  to  the  decision  or  order  appealed 
from,  also  of  all  petitions,  remonstrances,  plats,  and  papers  pertaining 
thereto.  The  original  papers  must  be  preserved  with  the  district  records. 
Form  48. 


SCHORL  LAWS  OF  IOWA.  79 

proceedings  relating  to  the  decision  complained  of,  which  transcript 
shall  be  certified  to  be  correct  by  the  secretary. 

SEC.  1833.  After  the  filing  of  the  transcript  aforesaid  in  his  office, 
he  shall  notify  in  writing  all  persons  adversely  interested  of  the  time 
and  place  where  the  matter  of  the  appeal  will  be  heard  by  him. 

SEC.  1834.  At  the  time  thus  fixed  for  hearing,  he  shall  hear  testi- 
mony for  either  party,  and  for  that  purpose  may  administer  oaths  if 
necessary,  and  he  shall  make  such  decision  as  may  be  just  and  equi- 

(c)  During  the  pendency  of  an  appeal  all  matters  must  remain  in  statu 
quo,  and  this  can  be  enforced  by  writ  of  injunction.  Note  (c)  to  section 
1718.  Also,  during  such  time  no  opinion  relating  to  the  case  will  be  given 
to  interested  parties  by  this  department. 

SEC.  1833.  Notice  of  the  time  and  place  of  hearing  should  be  given  to  the 
appellant,  to  the  secretary  of  the  board,  and  to  all  other  persons  known  to 
be  interested.  The  notices  may  be  served  personally  or  sent  by  mail. 
Form  49. 

SEC.  1834.  (a)  While  the"  superintendent  is  not  a  court,  in  the  strict 
sense  of  the  term,  he  is  required  to  administer  oaths,  to  hear  testimony  on 
both  sides,  to  receive  depositions,  and  to  render  a  just  and  equitable  decis- 
ion. See  preface  to  S.  L.  Decisions,  1883.  And  while  mere  technicalities 
should  not  be  permitted  to  prevent  the  attainment  of  justice,  it  is  not  inap- 
propriate that  the  superintendent  should  be  governed  by  many  of  the  rules 
as  to  evidence  and  practice  which  ordinarily  obtain  in  courts. 

(b)  In  case  of  disturbance  or  interruption  during  the  trial  of  an  appeal 
before  a  county  superintendent,  since  he  is  not  invested  with  judicial 
power,  he  has  only  the  ordinary  remedy  of  complaint  to  the  proper  authori- 
ties, as  provided  for  in  section  4069,  Code. 

(c)  The  docket  or  minutes  of  the  superintendent  should  commence  by 
noting  the  filing  of  the  affidavit.  He  will  afterward,  as  the  acts  transpire, 
record  the  sending  of  the  notice  of  appeal  to  the  district  secretary,  the  fil- 
ing of  the  transcript,  the  sending  of  notices  of  the  hearing,  and  any  ad- 
journment of  the  case  that  may  be  granted.  At  the  trial  he  will  carefully 
note  down  the  names  of  all  parties  appearing,  and  their  post-office  address, 
and  whether  they  appear  for  or  against  the  appeal;  also,  the  filing  of  all  pa- 
pers and  names  of  witnesses,  and  in  whose  behalf  such  papers  or  witnesses 
are  introduced.  The  decision  of  the  superintendent  will  form  an  appro- 
priate close  of  his  minutes.  Forms  47,  48,  49  and  50. 

(d)  All  testimony  must  be  given  under  oath  and  the  substance  reduced  to 
writing,  at  the  time,  by  the  county  superintendent.  It  is  recommended 
that  a  summary  of  what  each  witness  testifies  be  made,  read  to  the  witness, 
and  signed  by  him.  It  is  of  the  first  importance  that  the  record  of  the  tes- 
timony be  full  and  accurate,  as  the  decision  of  the  county  superintendent, 
also  of  the  superintendent  of  public  instraction,  in  case  the  appeal  is  car- 


80  SCHOOL  LAWS  OF  IOWA. 

table,  which  shall  be  final,  unless  appealed  from  as  hereinafter  pro- 
vided. 

SEC.  1835.  An  appeal  may  be  taken  from  the  decision  of  the  county 
superintendent  to  the  superintendent  of  public  instruction,  in  the 
same  manner  as  provided  in  this  chapter  for  taking  appeals  from  the 
district  board  to  the  county  superintendent,  as  nearly  as  applicable, 
except  that  he  shall  give  thirty  days'  notice  of  the  appeal  to  the  county 
superintendent,  and  the  like  notice  shall  be  given  the  adverse  party. 
And  the  decision,  when  made,  »hall  be  final. 

ried  up,  must  be  based  upon  the  record  of  evidence  introduced.    This  tes- 
timony should  be  preserved  with  the  other  papers  of  the  case. 

SEC.  1835.  (a)  Appeals  to  the  superintendent  of  public  instruction  are 
conducted  in  the  same  manner  and  governed  by  the  same  rules,  so  far  as  ap- 
plicable, as  appeals  to  county  superintendents.  The  basis  of  the  appeal 
must  be  an  affidavit  filed  in  the  office  of  the  superintendent  of  public  in- 
struction, within  thirty  days  from  the  date  of  the  decision  appealed  from. 
For  form  and  contents  of  the  affidavit  see  notes  to  sections  1830-31.  Upon 
the  filing  of  such  an  affidavit  the  superintendent  of  public  instruction  will 
notify  the  county  superintendent  to  forward  a  transcript  of  the  papers  in 
the  case  within  thirty  days.  The  original  papers  must  be  preserved  on  file 
in  the  county  superintendent's  office.  Upon  the  filing  of  the  transcript, 
thirty  days'  nonce  01  the  time  set  for  hearing  will  be  given  to  all  parties 
interested.  This  time  may  be  diminished  on  the  written  agreement  of  both 
parties.  Form  50. 

(6)  At  the  hearing,  parties  interested  may  appear  personally  or  by  attor- 
ney, and  argue  their  cases  orally,  if  they  desire,  or  they  may  send  written 
arguments.  The  records  of  the  case  in  the  county  superintendent's  office 
will  furnish  the  data  required  for  these  arguments.  The  records  of  cases  in 
the  offices  of  county  superintendents,  which  are  public  records,  and  should 
be  open  as  such,  to  examination,  by  all  parties  interested,  will  furnish  all 
needed  data,  where  access  to  the  transcript  sent  up  is  inconvenient.  The 
superintendent  of  public  instruction  will  not  hear  original  testimony  in  the 
cases  submitted  to  him. 

(c)  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in 
refusing  to  grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him 
for  a  rehearing;  the  proceedings  to  correspond  as  nearly  as  possible  to  the 
proceedings  in  the  case  of  an  appeal  from  a  board  of  directors.   If  any  party 
is  aggrieved  by  the  result  of  this  investigation,  an  appeal  may  be  taken 
therefrom  to  the  superintendent  of  public  instruction. 

(d)  A  party,  in  whose  favor  an  appeal  is  decided,  has  the  remedy  of  a 
writ  of  mandamus  from  a  court  of  law  to  enforce  the  decision  of  appeal. 
69  Iowa,  533. 


SCHOOL  LAWS  OF  IOWA.  31 

SEC.  1836.  Nothing  in  this  chapter  shall  be  so  construed  as  to  au- 
thorize either  the  county  or  state  superintendent  to  render  a  judgment 
for  money,  neither  shall  they  be  allowed  any  other  compensation  than 
is  now  allowed  by  law.  All  necessary  postage^must  first  be  paid  by 
the  party  aggrieved. 

SEC.  1836.  Payment  for  postage  in  advance  will  be  required  with  the 
affidavit.  It  is  impossible  to  tell  what  amount  of  .postage  will  be  needed  in 
each  case,  and  one  dollar  will  be  required,  to  cover  all  needed  postage. 


11 


32  SCHOOL  LAWS  OF  IOWA. 


SESSION    LAWS. 


CHAPTER  64,  LAWS  OF  1874. 

INDUSTRIAL   EXPOSITIONS   IN   SCHOOLS. 

SECTION  1.  It  shall  be  the  duty  of  the  board  of  directors  of  inde- 
pendent school  districts,  and  the  subdirector  of  each  subdistrict,  if 
they  should  deem  it  expedient,  under  the  direction  of  the  county 
superintendent,  to  introduce  and  maintain  an  industrial  exposition 
in  connection  with  each  school  under  their  control  within  this  state. 

SEC.  2.  These  expositions  shall  consist  of  useful  articles  made  by 
the  pupils,  such  as  samples  of  sewing,  and  cooking  of  all  kinds,  knit- 
ting, crocheting,  and  drawing,  iron  and  wood  work  of  all  kinds,  from 
a  plain  box  or  horse-shoe  to  a  house  or  steam-engine  in  miniature; 
also,  all  other  useful  articles  known  to  the  industrial  world,  or  that 
may  be  invented  by  the  pupils,  in  connection  with  farm  and  garden 
products  in  their  season,  that  are  the  results  of  their  own  toil. 

SEC.  3.  The  pupils  shall  be  required  to  explain  the  use  and  method 
of  their  work,  and  kind  and  process  of  culture  of  farm  and  garden 
products. 

SEC.  4.  The  parents  and  friends  of  pupils  shall  be  allowed  and 
requested  to  be  present  at  said  expositions. 

SEC.  5.  Ornamental  work  shall  be  encouraged  when  accompanied 
by  something  useful  made  by  the  same  pupil. 

SEC.  6.  These  expositions  shall  be  held  in  the  school  room  upon  a 
school  day  as  often  as  once  a  term,  and  not  oftenef  than  once  a 
month. 


SCHOOL  LAWS  OF  IOWA. 


83 


CHAPTER  67,  LAWS  OF  1874. 

VOTING   ON    SCHOOL   TAXES. 

SECTION  1.  All  school  districts  lying  in  two  adjoining  counties 
shall  have  the  right  to  vote  mills,  instead  of  specific  sums,  for  school 
purposes. 


CHAPTER  129,  LAWS  OF  1876. 

(As  amended  by  Chap.  142,  Laws  of  1878,  and  Chap.   64,  Laws  of 

1888.) 

STATE   NORMAL   AND   TRAINING    SCHOOL. 

SECTION  1.  A  school  for  the  special  instruction  and  training  of 
teachers  for  the  common  schools  of  this  state  is  hereby  established  at 
Cedar  Falls,  in  Black  Hawk  county. 

SEC.  2.  The  school  shall  be  under  the  management  and  control  of 
a  board  of  directors  consisting  of  six  members,  no  two  of  whom  shall 
be  from  the  same  county,  and  the  superintendent  of  public  instruction 
shall  be  ex-omcio  a  member  of  said  board  and  president  thereof.  The 
board  of  directors  shall  be  elected  by  the  general  assembly,  two  for 
two  years,  two  for  four  years,  and  two  for  six  years,  and  the  general 
assembly  shall  elect  two  members  of  said  board  every  two  years,  for 
the  full  term  of  six  years  as  the  terms  of  office  of  the  respective 
classes  expire.  Their  term  of  office  shall  commence  on  the  first  day 
of.  June  following  their  election.  No  member  of  the  board  shall  be 
a  teacher  in  the  school,  or  receive  other  compensation  for  his  ser- 
vices, than  a  re  imbursement  of  his  actual  expenses,  to  be  certified  to 
by  him  and  paid  out  of  the  state  treasury.  Any  vacancy  occurring 
in  the  board  shall  be  filled  by  the  appointment  of  the  governor. 

SEC.  3.  The  board  shall  convene,  at  the  call  of  the  superintendent 
of  public  instruction,  on  or  before  June  15,  1876,  and  having  each 
qualified,  according  to  law,  shall  organize  by  the  election  of  a  vice- 
president  from  their  number,  and  a  secretary  and  a  treasurer,  who 


34  SCHOOL  LAWS  OF  IOWA. 

shall  be  persons  not  members  of  the  board.  The  secretary  shall  re- 
ceive such  compensation  as  may  be  fixed  by  the  board  not  to  exceed 
the  sum  of  one  hundred  dollars  and  actual  traveling  expenses.  The 
treasurer  shall  receive  no  compensation  but  shall  receive  re-imburse- 
ment  of  actual  expenditures. 

SEC.  4.  The  board  shall  require  a  bond,  in  the  sum  of  twenty 
thousand  dollars,  of  the  treasurer  with  proper  and  sufficient  sureties, 
conditional  for  the  safe  keeping  of  funds  coming  into  his  hands.  He 
shall  receive  and  disburse  all  moneys  hereby  appropriated,  and  any 
other  funds  as  the  board  may  provide.  The  board  may  require  of 
any  officer  or  employe,  who  may  be  authorized  to  receive  or  pay  out 
money,  a  like  bond. 

SBC.  5.  It  shall  be  the  duty  of  the  board,  in  every  necessary  man- 
ner with  the  means  at  their  disposal,  to  provide  for  and  carry  out 
the  object  for  which  the  school  is  established.  For  that  purpose 
they  shall  employ  competent  and  suitable  teachers  and  other  employes. 
They  shall  direct,  use,  and  control  all  the  property  of  the  state  com- 
ing into  their  hands  for  that  purpose.  They  shall  control  and  direct 
the  expenditures  of  all  moneys.  They  shall  make  all  necessary  rules 
for  the  management  of  the  school  and  the  government  thereof,  and 
shall  provide  for  the  admission  of  pupils  from  the  several  counties 
of  the  state  in  proportion  to  their  respective  population,  and  upon 
the  appointment  of  respective  boards  of  supervisors,  or  as  the  board 
may  direct.  They  shall  establish  and  publish  uniform  rules  for  the 
admission  of  pupils  thereto,  and  such  rules  shall  provide  for  equal 
rights  in  said  school,  to  all  the  teachers  in  the  state,  but  they  shall 
require  in  all  cases  satisfactory  evidence  of  the  good  character  of 
the  pupil.  They  shall  also  further  require  all  pupils  upon  their  ad- 
mission to  the  school,  to  sign  a  statement  of  their  intention  in  good 
faith  to  follow  the  business  of  teaching  in  the  schools  of  the  state. 
It  shall  also  be  the  duty  of  the  board  to  make  ail  possible  and  nec- 
essary arrangements  with  the  means  at  their  disposal,  for  the  board- 
ing and  lodging  of  pupils,  but  the  pupils  shall  pay  the  cost  of  the 
same.  They  shall  require  each  pupil  to  pay  a  fee  for  contingent  ex- 
penses amounting  to  not  more  than  one  dollar  per  month.  The  school 
shall  be  open  during  such  part  of  the  year  as  the  board  shall  de- 
termine but  the  session  shall  continue  at  least  twenty-six  weeks.  The 
board  of  directors  may  in  their  discretion  charge  the  pupils  with  a 
tuition  fee  not  exceeding  six  dollars  per  term,  if  sueh  charge  shall  be 


SCHOOL  LAWS  OF  IOWA.  Q5 

necessary  in  order  to  the  proper  support  of  the  school  as  provided  by 

law. 

#  *  *  *  *  *  *  *  * 

SBC.  9.  The  said  board  shall  make,  at  the  end  of  each  school  year, 
to  the  governor  a  detailed  report  of  their  proceedings  during  the 
year.  Their  report  shall  also  contain  the  number  of  teachers  em- 
ployed in  the  school,  with  the  compensation  of  each;  the  number  of 
pupils,  classified;  the  amount  of  receipts  and  expenditures,  and  the 
items  thereof,  with  such  other  information  and  recommendations  as 
they  may  deem  expedient,  which  report  shall  be  embodied  in  the  su- 
perintendent's report  to  the  general  assembly. 


CHAPTER  136,  LAWS  OF  1876. 

WOMEN   ELIGIBLE   TO    SCHOOL   OFFICES. 

SECTION  1.  No  person  shall  be  deemed  ineligible,  by  reason  of 
sex,  to  any  school  office  in  the  state  of  Iowa. 

SEC.  2.  No  person  who  may  have  been  or  shall  be  elected  or  ap- 
pointed to  the  office  of  county  superintendent  of  common  schools  or 
school  director  in  the  state  of  Iowa,  shall  be  deprived  of  oifice  by 
reason  of  sex. 


CHAPTER  132,  LAWS  OF  1878. 

ISSUANCE   OF   BONDS   TO   FUND   JUDGMENT   INDEBTEDNESS. 

SECTION  1.  Any  school  district  against  which  judgments  have 
been  rendered  prior  to  the  passage  of  this  act,  and  which  judgments 
remain  unsatisfied,  may,  for  the  purpose  of  paying  off  such  judg- 
ments and  funding  such  judgment  indebtedness,  issue  upon  the  reso- 
lution of  the  board  of  directors  of  the  district,  the  negotiable  bonds 
of  such  district,  running  not  more  than  ten  years,  and  bearing  a  rate 
of  interest  not  exceeding  ten  per  centum  per  annum,  payable  semi- 
annually,  which  bonds  shall  be  signed  by  the  president  of  the  dis- 
trict, and  countersigned  by  the  secretary,  and  shall  not  be  disposed  of 


gg  SCHOOL  LAWS  OF  IOWA. 

for  less  than  their  par  value,  nor  for  any  other  purpose  than  that  pro- 
vided for  by  this  act,  and  such  bonds  shall  be  binding  and  obligatory 
upon  the  district. 

SBC.  2.  It  shall  be  the  duty  of  the  board  of  directors  of  any  dis- 
trict which  shall  issue  bonds  under  this  act,  to  provide  for  the  pay- 
ment of  the  same  by  the  levy  of  tax  therefor,  in  addition  to  the  other 
taxes  provided  by  law,  and  they  are  hereby  required  to  levy  such  an 
amount  each  year  as  shall  be  sufficient  to  meet  the  interest  on  such 
bonds  promptly  as  it  accrues. 

SBC.  3.  The  bonds  issued  under  this  act  shall  be  in  the  name  of  the 
district  and  in  substantially  the  same  form  as  is  by  law  provided  for 
county  bonds;  shall  be  payable  at  the  pleasure  of  the  district;  shall 
be  registered  in  the  office  of  the  county  auditor;  shall  be  numbered 
consecutively  and  redeemed  in  the  order  of  their  issuance. 


CHAPTER  133,  LAWS  OF  1878. 

mL 

(As  amended  by  Chapter  131,  Laws  of  1880.) 

SUBDIVISION    OF   INDEPENDENT   DISTRICTS. 

SECTION  1.  Any  independent  school  district,  organized  under  any  of 
the  laws  of  this  state,  may  subdivide,  for  the  purpose  of  forming  two  or 
more  independent  school  districts,  or  have  territory  detached  to  be  an- 
nexed with  other  territory,  in  the  formation  of  an  independent  district 
or  districts,  and  it  shall  be  the  duty  of  the  board  of  directors  of  said 
independent  district  to  establish  the  boundaries  of  the  districts  so 
formed,  the  districts  so  formed  not  to  contain  less  than  four  govern- 
ment sections  of  land,  each;  this  limitation  shall  not  apply  when,  by 
reason  of  a  river  or  other  obstacle,  a  considerable  number  of  pupils 
will  be  accommodated  by  the  formation  of  a  district  containing  less 

CHAPTER  133,  LAWS  OF  1878. 

SECTION  1.  (a)  The  provisions  of  this  section,  as  amended,  apply  to  all 
independent  districts  organized  under  the  laws  of  this  state. 

(6)  The  amount  of  territory  cannot  be  less  than  an  equivalent  of  four 
government  sections,  unless  the  provisions  of  the  latter  part  of  this  section 
apply. 


SCHOOL  LAWS  OF  IOWA. 


87 


than  four  sections,  or  where  there  is  a  city,  town  or  village  within 
said  territory,  of  not  less  than  one  hundred  inhabitants,  and  in  such 
casep,  the  independent  district  so  formed  shall  not  contain  less  than 
two  government  sections  of  land,  such  subdivision  to  be  effected  in 
the  manner  provided  for  in  sections  2,  3  and  4  of  this  chapter;  pro- 
vided that  where  either  of  the  districts  so  proposed  to  be  formed 
contains  less  than  four  government  sections,  it  shall  require  a  major- 
ity of  the  votes,  of  each  of  the  proposed  districts,  to  authorize  such 
subdivision. 

SEC.  2.  At  the  written  request  of  one-third  of  the  legal  voters 
residing  in  any  independent  school  district,  the  board  of  directors  of 
said  independent  district  shall  call  a  meeting  of  the  qualified  electors 
of  the  independent  district,  at  the  usual  place  of  holding  their  meet- 
ing, by  giving  at  least  ten  days'  notice  thereof,  by  posting  three  no- 
tices in  the  independent  district  sought  to  be  divided,  and  by  publi- 
cation in  a  newspaper,  if  one  be  published  in  the  independent  dis- 
trict, at  which  meeting  the  electors  shall  vote  by  ballot  for  or  against 
such  subdivision. 

SEC.  3.  Should  a  majority  of  the  votes  be  cast  in  favor  of  such 
subdivision,  the  board  or  boards  of  directors  shall  call  a  meeting  in 
each  independent  district  so  subdivided  or  formed  as  aforesaid,  for 
the  purpose  of  electing  by  ballot  three  directors,  who  shall  hold  their 
offices,  one,  two,  and  three  years,  respectively;  the  length  of  their 
respective  terms  to  be  determined  by  lot;  and  but  one  director  shall 
be  chosen  annually  thereafter,  who  shall  hold  his  office  for  three 
years. 

SEC.  4.  At  the  meeting  of  the  electors  of  each  independent  school 
district,  as  provided  in  the  last  section,  they  shall  also  determine  by 
ballot  the  name  to  be  given  to  their  district,  and  each  independent 
district,  when  so  organized,  shall  be  a  body  corporate,  and  the  'name 
so  chosen  shall  be  its  corporate  name;  provided  that  the  board  of  di- 
rectors of  any  district,  organized  under  the  provisions  of  this  act, 
may  change  its  name  if  any  other  district  in  the  township  shall  have 
chosen  the  same  name. 

(c)  An  independent  district  containing  territory  amounting  to  less  than 
eight  government  sections,  may  be  divided  into  two  independent  districts, 
if  an  unbridged  stream  or  other  obstable  prevents  a  considerable  number  of 
scholars  from  attending  school,  or  if  one  portion  contains  a  village  of  not 
less  than  one  hundred  inhabitants.  The  district  so  formed  must  contain 
territory  amounting  to  not  less  than  two  government  sections,  and  a  ma- 


gg  SCHOOL  LAWS  OF  IOWA. 

SBC.  5.  Independent  districts,  organized  under  the  provisions  of 
this  act,  shall  be  governed  by  the  laws  relating  to  independent  dis- 
tricts. 


CHAPTER  166,  LAWS  OF  1878. 

TUITION   OP   PAUPER   CHILDREN. 

SECTION  1.  Section  1381  of  the  Code  is  hereby  amended  by  adding 
at  the  end  of  the  section:  The  expense  of  the  poor-house  shall  in- 
clude such  an  amount  of  tuition  for  the  instruction  of  the  pauper 
children,  as  the  whole  number  of  days'  attendance  of  such  pauper 
children,  is  to  the  total  number  of  days'  attendance  in  the  school  at 
which  pauper  children  attend,  and  such  amount  shall  be  paid  into  the 
treasury  of  the  district  where  said  children  attend. 


CHAPTER  8,  LAWS  OF  1880. 

SEPARATE  POLLING  PLACES. 

SECTION  1.  Independent  school  districts  having  a  population  of 
not  less  than  fifteen  thousand  inhabitants,  shall  be  divided  into  not 
less  than  three,  nor  more  than  six  election  precincts,  in  each  of  which 
a  poll  shall  be  held  at  a  convenient  place,  to  be  appointed  by  the 
board  of  directors,  for  the  reception  of  the  ballots  of  the  electors  re- 
siding in  such  precinct  at  said  election. 

SEC.  2.  The  board  of  directors  shall  provide  for  the  submission  of 
all  questions  relating  to  the  powers  reserved  to  the  electors  under 
section  1807  of  the  Code,  which  questions  shall  be  decided  by  ballot, 
returns  to  bo  made  on  questions  submitted  as  hereinafter  provided. 

jority  of  the  votes  cast,  in  each  contemplated  district,  must  be  cast  for  the 
division. 

SEC.  2.  When  the  required  number  of  electors  petition  for  such  division, 
the  board  are  compelled  to  call  the  election,  but  the  organization  cannot  be 
completed  between  August  and  January. 

SEC.  5.  When  the  division  has  been  completed,  a  settlement  of  assets  and 
liabilities  must  be  made,  in  conformity  with  section  1715. 


SCHOOL  LAWS  OF  IOWA.  gg 

SEC.  3.  A  register  of  the  electors  residing  in  each  precinct  shall 
be  prepared  by  the  board  of  directors  from  the  register  of  the  elec- 
tors of  any  city,  town  or  township  which  is  in  whole  or  in  part  in- 
cluded within  such  independent  school  district;  and  for  that  purpose 
a  copy  of  such  register  of  electors  shall  be  furnished  by  the  clerk  of 
each  such  city,  town  or  township  to  the  board  of  directors.  Said 
board  shall,  in  each  year  before  the  annual  election  for  directors,  re- 
vise and  correct  such  school  election  registers  by  comparison  thereof 
with  the  last  register  of  elections  for  such  cities,  towns  and  town- 
ships. And  the  register  provided  for  by  this  section  shall  have  the 
same  force  and  effect  at  elections  held  under  this  act,  and  in  respect 
to  the  reception  of  votes  at  said  elections,  as  the  register  of  elections 
has  by  law  at  general  elections. 

SEC.  4.  Notice  of  every  election  under  this  act  shall  be  given  in 
each  district  in  which  the  same  is  to  be  held,  by  the  secretary  thereof, 
by  posting  up  the  same  in  three  public  places  in  such  district,  and  by 
publication  in  a  newspaper  published  therein  for  two  weeks  preced- 
ing such  election;  such  notice  shall  also  state  the  respective  election 
precincts,  and  the  polling  place  in  each  precinct. 

SEC.  5.  The  board  of  directors  shall  appoint  one  of  their  own  num- 
ber and  another  elector  of  the  district  to  act  as  judges  of  election, 
and  a  clerk  for  each  polling  place,  who  shall  be  sworn  as  provided  by 
section  609  of  the  Code  in  case  of  general  elections.  The  polls  shall 
be  open  from  9  o'clock  A.  M.  to  6  o'clock  P.  M.  If  either  of  the  judges, 
or  clerk,  fail  to  attend,  his  place  may  be  filled  by  the  others  by  appoint- 
ing an  elector  attending  in  his  place,  and  if  all  fail  to  attend  in  time, 
or  refuse  to  serve  or  be  sworn,  the  electors  present  shall  choose  two 
judges  and  a  clerk  from  the  electors  attending.  A  ballot-box  and  the 
necessary  poll-book  shall  be  provided  by  the  board  of  directors  for 
each  precinct,  and  the  election  shall  be  conducted  in  the  same  manner, 
and  under  the  same  rules  and  regulations,  so  far  as  applicable,  as  are 
provided  by  chapter  3  of  title  5  of  the  Code,  for  general  elections. 

SEC.  6.  The  judges  of  election  and  clerk  in  each  precinct  shall 
canvass  the  vote  therein,  and  shall,  as  soon  as  possible,  make  out, 
sign  and  return  to  the  secretary  of  the  district  a  certificate  showing 
the  whole  number  of  votes  cast  in  such  precinct,  and  the  number  of 
votes  in  favor  of  each  person  voted  for,  and  questions  submitted. 
The  board  of  directors  shall  meet  on  the  next  Monday  after  the  elec- 
tion and  canvass  the  returns,  and  ascertain  the  result  of  the  election. 

12 


9Q  SCHOOL  LAWS  OF  IOWA. 

The  whole  number  of  votes  oast,  and  the  number  in  favor  of  each 
person  voted  for,  shall  be  entered  in  their  record,  and  the  persons 
respectively  receiving  the  highest  two  numbers  of  votes  shall  be  de- 
clared elected,  and  all  questions  submitted  receiving  a  majority  of 
votes  cast  shall  be  recorded  as  carried.  The  secretary  shall  issue  to 
each  person  so  elected  a  certificate  of  his  election. 

SEC.  7.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 


CHAPTER  51,  LAWS  OF  1880. 

ENABLING   DISTRICTS   TO    ISSUE    BONDS    TO    FUND     JUDGMENT    INDEBTED- 

*  NESS. 

SECTION  1.  Any  school  district  or  district  township  against  which 
judgments  have  been  rendered,  prior  to  the  passage  of  this  act,  and 
which  such  judgments  remain  unsatisfied,  may,  for  the  purpose  of 
paying  off  such  judgment  indebtedness,  ^issue  negotiable  bonds,  of 
such  district  township,  upon  a  resolution  of  the  board  of  directors 
of  the  district  township,  running  not  more  than  ten  years,  and  bear- 
ing a  rate  of  interest  not  exceeding  eight  per  cent  per  annum,  paya- 
ble semi-annually,  which  bonds  shall  be  signed  by  the  president  of 
the  district  and  countersigned  by  the  secretary,  and  shall  not  be  dis- 
posed of  for  less  than  their  par  value,  nor  for  any  other  purpose  than 
that  provided  by  this  act,  and  such  bonds  shall  be  binding  and  ob- 
ligatory upon  the  district  township. 

SEC.  2.  It  shall  be  the  duty  of  the  board  of  directors  of  any  dis- 
trict township  which  issues  bonds  under  this  act,  to  provide  for  the 
payment  of  the  same  by  the  levy  of  tax  therefor,  in  addition  to  the 
other  taxes  provided  by  law;  and  they  are  hereby  required  to  levy 
such  an  amount  each  year  as  shall  be  sufficient  to  meet  the  interest 
on  such  bonds  promptly  as  it  accrues. 

SEC.  3.  The  bonds  issued  under  this  act  shall  be  in  the  name  of 
the  district  township  and  in  substantially  the  same  form  as  is  by  law 
provided  for  county  bonds;  shall  be  payable  at  the  pleasure  of  the 
district  township;  shall  be  registered  in  the  office  of  the  county  aud- 
itor; shall  be  numbered  consecutively  and  redeemed  in  the  order  of 
their  issuance. 


SCHOOL  LAWS  OF  IOWA. 


CHAPTER  132,  LAWS  OF  1880. 
(As  amended  by  Chap.  95,  Laws  of  1886.) 

AUTHORIZING  DISTRICTS  TO  FUND  BONDED  OB  JUDGMENT  INDEBTEDNESS. 

SECTION  1.  Any  independent  school  district,  or  district  township, 
now  or  hereafter  having  a  bonded  or  judgment  indebtedness  out- 
standing, is  hereby  authorized  to  issue  negotiable  bonds  at  any  rate 
of  interest  not  exceeding  seven  per  cent  per  annum,  payable  semi- 
annually,  for  the  purpose  of  funding  said  indebtedness;  said  bonds  to 
be  issued  upon  a  resolution  of  the  board  of  directors  of  said  district; 
provided  that  said  resolution  shall  not  be  valid  unless  adopted  by  a 
two-thirds  vote  of  said  directors. 

SEC.  2.  The  treasurer  of  such  district  is  hereby  authorized  to  sell 
the  bonds  provided  for  in  this  act,  at  not  less  than  their  par  value, 
and  apply  the  proceeds  thereof  to  the  payment  of  the  outstanding 
bonded  or  judgment  indebtedness  of  the  district,  or  he  may  exchange 
such  bonds  for  outstanding  bonds,  par  for  par;  but  the  bonds  hereby 
authorized  shall  be  issued  for  no  other  purpose  than  the  funding  of 
outstanding  bonded  or  judgment  indebtedness.  The  actual  cost  of 
the  engraving  and  printing  of  such  bonds,  shall  be  paid  for  out  of  the 
contingent  fund  of  such  district. 

SEC.  3.  Said  bonds  shall  run  not  more  than  ten  years,  and  be  pay- 
able at  the  pleasure  of  the  district  after  five  years  from  the  Sate  of 
their  issue;  provided  that  in  order  to  stop  interest  on  them  the  treas- 
urer shall  give  the  owner  of  said  bonds  ninety  days'  written  notice  of 
the  readiness  of  the  district  to  pay,  and  the  amount  it  desires  to  pay; 
said  notice  to  be  directed  to  the  post-office  address  of  the  owner  of 
the  bonds;  provided  further  that  the  treasurer  shall  keep  a  record  of 
the  parties  to  whom  he  sell  the  bonds,  and  their  post-office  address, 
and  notice  sent  to  the  address,  as  shown  by  said  record,  shall  be  suffi- 
cient. 

SEC.  4.  Said  bonds  to  be  in  denominations  of  not  less  than  one 
hundred  dollars  and  not  more  than  one  thousand  dollars;  and  said 
bonds  shall  be  given  in  the  name  of  the  independent  district,  or  dis- 
trict township,  and  signed  by  the  president,  and  countersigned  by  the 


92 


SCHOOL  LAWS  OF  IOWA. 


secretary  thereof;  and  the  principal  and  interest  may  be  made  paya- 
ble wherever  the  board  of  directors  may  by  resolution  determine. 

SBC.  5.  When  said  bonds  are  delivered  to  the  treasurer  to  be  ne- 
gotiated, the  president  shall  take  his  receipt  therefor,  and  the  treas- 
urer shall  stand  charged  on  his  official  bond  with  the  amount  of  the 
bonds  so  delivered  to  him. 

SEC.  6.  The  tax,  for  the  payment  of  the  principal  and  interest  of 
said  bonds,  shall  be  raised  as  provided  in  section  1823,  chapter  9, 
title  12  of  the  Code,  provided  that  if  the  district  shall  fail  or  neglect 
to  so  levy  said  tax  the  board  of  supervisors  of  the  county  in  which 
said  district  is  located,  shall,  upon  the  application  of  the  owner  of 
said  bonds,  levy  said  tax. 

SEC.  7.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 


CHAPTER  23,  LAWS  OF  1882. 

• 

BEQUIBING   BOABDS   TO    SET   TBEE8    ON    SCHOOL    GBOUNDS. 

SECTION  1.  The  board  of  directors  of  each  district  township  and 
independent  district,  shall  cause  to  be  set  out  and  properly  pro- 
tected, twelve  or  more  shade-trees  on  each  school-house  site  belong- 
ing to  the  district,  where  such  number  of  trees  are  not  now  growing, 
and  such  expense  shall  be  paid  from  the  contingent  fund. 

SEC.  2.  It  shall  be  the  duty  of  the  county  superintendent  in  visit- 
ing the  several  schools  in  his  county,  to  call  the  attention  of  any 
board  of  directors  neglecting  to  comply  with  the  requirements  of 
this  statute,  and  the  required  number  of  shade-trees  shall  be  planted 
as  soon  thereafter  as  the  season  will  admit. 

SEC.  3.  That  section  1745,  of  the  Code,  be  amended  by  adding  an 
additional  item  at  the  end  of  said  section,  as  follows:  12.  The 
number  of  trees  set  out  and  in  thrifty  condition  on  each  school  house 
grounds. 


SCHOOL  LAWS  OF  IOWA. 


93 


CHAPTER  118,  LAWS  OF  1882. 

INCLUDING   ALL   OP    CITY,   WITHIN   INDEPENDENT   DISTRICT. 

SECTION  1.  All  the  territory  of  an  incorporated  city  or  town, 
whether  included  within  the  original  incorporation,  or  afterwards  at- 
tached thereto,  in  accordance  with  the  provisions  of  law,  shall  be  or 
become  a  part  of  the  independent  district,  or  districts,  of  said  city 
or  town. 

SEC.  2.  When  boundaries  are  changed  by  the  taking  effect  of  this 
act,  the  respective  boards  of  directors  shall  make  an  equitable  settle- 
ment of  the  then  existing  assets  and  liabilities  of  their  districts,  as 
provided  for  by  section  1715  of  the  Code. 


CHAPTER  149,  LAWS  OF  1882. 
(As  amended  by  Chap.  107,  Laws  of  1886.) 

ENABLING  BOARDS  TO  INSURE  SCHOOL  PROPERTY. 

SECTION  1.  The  board  of  directors  of  all  school  districts,  organized 
under  any  of  the  laws  of  this  state,  may  use  unappropriated  contin- 
gent funds  for  the  purpose  of  effecting  an  insurance  on  the  school 
property  of  their  district;  but  they  may  contract  no  debts  for  this 
purpose. 


94  SCHOOL  LAWS  OF  IOWA. 


CHAPTER  167,  LAWS  OF  1882. 

CREATING  A  STATE  BOARD  OF  EXAMINERS. 

SECTION  1.  The  superintendent  of  public  instruction,  the  presi- 
dent of  the  state  university,  the  principal  of  the  state  normal  school, 
and  two  persons,  to  be  appointed  by  the  executive  council,  one  of 
whom  shall  be  a  woman,  for  terms  of  four  years;  provided  that  of 
the  two  first  appointed,  one  shall  be  for  two  years;  and  provided  fur- 
ther that  no  one  shall  be  his  own  successor  in  said  appointments-;  are 
hereby  constituted  a  state  board  of  examiners,  with  the  superintend- 
ent of  public  instruction  as  ex  officio,  its  president. 

SEC.  2.  The  board  shall  meet  at  such  times  and  places  as  its  presi- 
dent shall  direct,  for  transaction  of  business,  and  shall  hold  annually, 
at  least  two  public  examinations  of  teachers,  at  each  of  which  exam- 
inations one  member  of  the  board  shall  preside,  assisted  by  such  well 
qualified  teachers,  not  to  exceed  two  in  number,  as  the  board  of  ex- 
aminers may  elect.  Said  board  may  adopt  such  rules,  not  inconsis- 
tent herewith,  and  with  the  statutes  of  Iowa,  as  they  may  deem 
proper;  and  said  board  shall  keep  a  full  record  of  their  proceedings, 
and  a  complete  register  of  all  persons  to  whom  certificates  and 
diplomas  are  issued. 

SEC.  3.  Said  board  shall  have  power  to  issue  state  certificates  and 
state  diplomas  to  such  teachers  as  are  found,  upon  examination,  to 
possess  good  moral  character,  thorough  scholarship,  clear  and  com- 
prehensive knowledge  of  didactics,  and  successful  experience  in 
teaching. 

SEC.  4.  Candidates  for  state  certificates  shall  be  examined  upon 
the  following  branches:  Orthography,  reading,  writing,  arithmetic, 
geography,  English  grammar,  bookkeeping,  physiology,  history  of 
the  United  States,  algebra,  botany,  natural  philosophy,  drawing, 
civil  government,  constitution  and  laws  of  Iowa,  and  didactics;  and 
candidates  for  state  diplomas  shall  pass  examination  upon  all 
branches  required  by  candidates  for  state  certificates,  and  in  addi- 
tion thereto  in  geometry,  trigonometry,  chemistry,  zoology,  geology, 
astronomy,  political  economy,  rhetoric,  English  literature  and  gen- 


SCHOOL  LAWS  OF  IOWA,  95 

eral  history,  and  such  other  branches  as  the  board  of  examiners  may 
require. 

SEC.  5.  A  state  certificate  shall  authorize  the  person,  to  whom  it 
is  issued,  to  teach  in  any  public  school  of  the  state  for  the  term  of 
five  years  from  the  date  of  its  issue,  and  a  state  diploma  shalFbe 
valid  for  the  life  of  the  person  to  whom  it  is  issued;  provided  that 
any  state  certificate,  and  any  state  diploma,  may  be  revoked  by  the 
board  of  examiners  for  any  cause  of  disqualification,  on  well-founded 
complaint  entered  by  any  county  superintendent  of  schools. 

SEC.  6.  The  fee  for  each  state  certificate  shall  be  three  dollars, 
and  for  each  state  diploma  five  dollars,  which  fee  shall  be  paid  before 
examination  to  such  person  as  the  board  of  examiners  may  designate 
from  their  own  number,  and  the  same  shall  be  paid  into  the  state 
treasury  when  so  collected;  provided  that  if  such  applicant  shall  fail 
in  said  examination,  one-half  of  the  fee  shall  be  returned. 

SEC.  7.  Every  holder  of  a  state  certificate,  or  of  a  state  diploma, 
shall  have  the  same  registered,  by  the  county  superintendent  of 
schools  of  the  county  in  which  he  wishes  to  teach,  before  entering 
upon  his  work,  and  each  county  superintendent  of  schools  is  required 
to  include  in  his  annual  report  to  the  superintendent  of  public  in- 
struction, a  full  account  of  the  registration  of  state  certificates  and 
diplomas. 

SEC.  8.  Each  member  of  the  state  educational  board  of  examiners, 
and  each  person  appointed  by  said  board  to  assist  in  conducting  ex- 
aminations, as  provided  for  in  section  2  of  this  act,  shall  be  entitled 
to  receive,  for  the  time  actually  employed  in  such  service,  his  neces- 
sary expenses.  And  provided  further  that  each  member  of  said 
board,  not  a  salaried  officer,  shall,  in  addition  to  his  necessary  ex- 
penses, receive  the  sum  of  three  dollars  per  day,  he  or  she  is  actually 
employed  in  said  examination,  which  amounts  shall  be  certified  by 
the  superintendent  of  public  instruction;  and  the  auditor  of  state  is 
hereby  authorized  to  audit  and  draw  his  warrant  for  the  same  upon 
the  treasurer  of  state,  provided  the  aggregate  amount  for  any  one 
year  shall  not  exceed  three  hundred  dollars. 

CHAPTER  167,  LAWS  OF  1882. 

SECTION  7.  (a)  No  fee  is  required  for  the  registration  referred  to,  but  it 
is  essential  that  such  record  be  made  before  the  person  commences  to  teach. 

(5)  Holders  of  state  certificates  or  diplomas  are  not  exempt  from  report- 
ing to  the  county  superintendent,  or  complying  in  every  respect  with  re- 
quirements made  of  other  teachers,  except  as  to  examination  for  certificates. 


96  SCHOOL  LAWS  OF  IOWA. 


CHAPTER  103,  LAWS  OF  1884. 

PROHIBITING    BAEB   WIRE   AROUND    SCHOOL-HOUSES. 

SECTION  1.  It  is  hereby  made  the  duty  of  the  board  of  directors 
of  every  independent  district  and  of  every  district  township,  to  re- 
move before  the  first  day  of  September,  A.  D.  1884,  any  barb  wire 
fence  enclosing  in  whole  or  part  any  publie  school  grounds  in  such 
district,  and  it  is  also  made  the  duty  of  any  person  owning  or  con- 
trolling any  barbed  wire  fence  within  ten  feet  of  any  public  school 
grounds  to  remove  the  same  within  the  time  herein  above  named. 

SEC.  2.  Hereafter  barb  wire  shall  not  be  used  in  enclosing  in 
whole  or  in  part  any  public  school  building  or  the  grounds  upon  which 
the  same  may  stand;  and  no  barbed  wire  shall  be  used  for  a  fence  or 
other  purpose  within  ten  feet  of  any  public  school  ground. 

SEC.  3.  For  a  failure  or  neglect  on  the  part  of  any  board  of 
directors  of  any  independent  district,  or  of  any  district  township  to 
carry  out  the  provisions  of  this  act,  any  member  of  such  board  shall 
be  fined,  on  conviction,  not  exceeding  twenty-five  dollars,  any  person 
violating  the  provisions  of  this  act  shall,  on  conviction  thereof,  be 
fined  not  exceeding  twenty-five  dollars. 


CHAPTER  1,  LAWS  OF  1886. 

TEACHING   AND    STUDY   OP   EFFECTS   OF   ALCOHOL  AND    STIMULANTS 
UPON   THE    HUMAN    SYSTEM. 

SECTION  1.  Physiology  and  hygiene,  which  must  in  each  division 
of  the  subject  thereof  include  special  reference  to  the  effects  of  alco- 
holic drinks,  stimulants  and  narcotics  upon  the  human  system,  shall 
be  included  in  the  branches  of  study  now  and  hereafter  required  to 

CHAPTER  1,  LAWS  OF  1886. 

SECTION  1.  (a)  The  words  regularly  taught  are  construed  to  mean,  as 
other  branches  are  taught. 


SCHOOL  LAWS  OF  IOWA.  97 

be  regularly  taught  to  and  studied  by  all  pupils  in  common  schools 
and  in  all  normal  institutes,  and  normal  and  industrial  schools,  and  the 
schools  at  the  soldiers'  orphans'  home  and  home  for  indigent  child- 
ren. 

SEC.  2.  It  shall  be  the  duty  of  all  boards  of  directors  of  schools 
and  of  boards  of  trustees,  and  of  county  superintendents  in  the  case 
of  normal  institutes,  to  see  to  the  observance  of  this  statute  and  make 
provision  therefor  and  it  is  especially  enjoined  on  the  county  super- 
intendent of  each  county  that  he  include  in  his  report  to  the  superin- 
tendent of  public  instruction  the  manner  and  extent  to  which  the 
requirements  of  section  one  of  this  act  are  complied  with  in  the 
schools  and  institutes  under  his  charge,  and  the  secretary  of  school 
boards  in  cities  and  towns  is  especially  charged  with  the  duty  of 
reporting  to  the  superintendent  of  public  instruction  as  to  the  obser- 
vance of  said  section  one  hereof,  in  their  respective  town  and  city 
schools,  and  only  such  schools  and  educational  institutions  reporting 
compliance,  as  above  required,  shall  receive  the  proportion  of  school 
funds  or  allowance  of  public  money  to  which  they  would  be  other- 
wise entitled. 

SEC.  3.  The  county  superintendent  shall  not  after  the  1st  day  of 
July,  1887>  issue  a  certificate  to  any  person  who  has  not  passed  a  sfit- 

(6)  This  study  must  begin  in  the  lowest  primary  class.  In  what  grade  or 
class  it  shall  be  completed,  is  to  be  determined  by  the  board. 

(c)  Primary  classes  must  be  instructed  orally,  as  the  children  are  not  old 
enough  to  use  or  comprehend  a  book.    But  this  oral  instruction  must  be  out- 
lined as  a  course,  and  adopted  by  each  board. 

(d)  The  portion  assigned  to  each  grade  or  class  should  be  thoroughly 
mastered  before  more  advanced  work  is  entered  upon. 

(e)  Teachers  should  be  careful  to  give  instruction  in  accordance  with  the 
spirit  of  the  law.    Total  abstinence  should  be  taught  as  the  only  sure  way 
to  escape  the  evils  arising  from  the  use  of  alcoholic  drinks  and  tobacco. 

SEC.  2.  (a)  Boards  cannot  shift  the  responsibility  by  simply  providing 
that  teachers  shall  give  instruction  in  this  branch.  They  must  see  to  it 
that  the  work  is  actually  done  by  the  teachers,  as  the  law  requires. 

(b)  In  normal  institutes,  efficient  and  earnest  instructors  should  be  em- 
ployed.  Charts  and  other  appliances  should  be  amply  provided.  Physicians 
and  scientists  may  be  invited  to  lecture,  and  teachers  should  be  exhorted  to 
be  sincere,  fearless,  and  faithful  in  the  discharge  of  their  duty. 

(c)  Blanks  will  be  furnished  to  scnool  officers,  from  time  to  time,  to  enable 
them  to  make  the  reports  required  by  this  chapter. 

13 


98 


SCHOOL  LAWS  OF  IOWA. 


isfaotory  examination  in  physiology  and  hygiene  with  especial  refer- 
ence to  the  effects  of  alcoholic  drinks,  stimulants  and  narcotics  upon 
the  human  system,  and  it  shall  be  the  duty  of  the  county  superintend- 
ent as  provided  by  section  1771,  to  revoke  the  certificate  of  any 
teacher  required  by  law  to  have  a  certificate  of  qualification  from  the 
county  superintendent,  if  the  said  teacher  shall  fail  or  neglect  to 
comply  with  section  one  of  this  act,  and  said  teacher  shall  be  dis- 
qualified for  teaching  in  any  public  school  for  one  year  after  such 
revocation,  and  shall  not  be  permitted  to  teach  without  compliance. 


CHAPTER  75,  LAWS  OF  1886. 

USE  OF  PUBLIC  SQUARES  FOE  SCHOOL  PURPOSES. 

SECTION  1.  It  shall  be  lawful  for  the  people  of  any  incorpor- 
ated town  located  wholly  within  an  independent  school  district  in 
which  is  situated  a  public  square  or  plat  of  ground,  deeded  or  dedi- 
cated to  the  said  town  or  the  public,  by  the  proprietor  of  the  town, 
or  of  any  addition  thereof,  to  transfer  or  re-dedicate  such  plat  or 
square,  to  the  purpose  of  a  public  school-house  lot,  to  be  used  either 
for  the  erection  thereon  of  a  public  school-house,  or  as  school 
grounds,  in  connection  with  such  school-house. 

SEC.  2.  The  manner  of  procedure  to  effect  the  change  or  transfer 
of  the  purpose  for  which  such  lot  or  square  shall  be  used,  as  is 
authorized  in  section  1,  of  this  act,  shall  be  as  follows:  When  a  plat 
or  lot  of  the  character  described  in  section  1,  of  this  act,  is  located  in 
such  incorporated  town,  and  one-half  of  the  resident  voters  of  such 
town,  according  to  the  last  census  thereof,  national  or  state,  shall 
petition  the  mayor  and  town  council  of  such  town,  asking  said  city 
authorities  to  submit  to  the  voters  of  the  town  at  a  general  or  special 
election  the  question  whether  or  not  such  public  square,  lot  or  plat 
shall  be  transferred,  dedicated  and  used  for  the  purposes  of  a  public 
school-house  lot,  for  the  use  of  the  independent  district,  in  which  the 
same  is  situated  said  mayor  and  town  council  shall  submit  the  ques- 
tion to  the  voters  of  the  town,  in  accordance  with  the  prayer  of  said 
petitioners  after  giving  ten  days'  notice  thereof,  by  written  or  printed 
notices,  in  which  the  proposition  submitted,  shall  be  clearly  set  forth, 
and  signed  by  said  mayor,  three  of  which  notices  shall  be  posted  in 


SCHOOL  LAWS  OF  IOWA.  99 

public  and  conspicuous  places  in  the  town,  and  one  shall  be  published 
in  the  last  two  issues,  preceding  such  election  in  a  weekly  newspaper 
published  in  the  town,  or  if  there  be  no  such  newspaper  published  in 
the  town  then  in  the  weekly  newspaper  published  elsewhere  in  the 
county,  having  the  largest  circulation  in  said  town.  Such  notice  Bhall 
state  the  manner  of  voting,  which  shall  be  by  ballot,  and  substan- 
tially as  follows:  The  ballot  shall  contain  in  print,  ink  or  pencil  the 
words  "For  transferring  lot  or  block  or  square  (as  the  case  may  be, 
describing  it)  to  the  purposes  of  a  public  school-house  lot,"  or 
"Against  transferring  lot  or  block  or  square  (as  the  case  may  be,  de- 
scribing it)  to  the  purposes  of  a  school-house  lot."  And  such  elec- 
tion shall  be  held  as  per  notice  given  and  be  conducted  as  ordinary 
town  elections  are,  under  the  supervision  of  the  town  authorities, 
who  shall  canvass  the  vote  as  by  law  provided  in  other  cases.  If  it 
shall  appear  that  two-thirds  or  more,  of  all  the  legal  votes  cast  at  such 
election,  for  aad  against  the  proposition  submitted,  have  been  cast  in 
favor  of  the  transfer  of  such  lot  or  block  or  square,  to  the  purposes 
of  a  public  school-house  lot,  then  such  transfer  shall  be  held  to  have 
been  completed,  and  the  lot  or  block  or  square  may  be  appropriated 
and  used  for  the  purposes  so  indicated,  by  said  vote  and  shall  be  no 
longer  held  for  any  other  purpose.  If  less  than  two-thirds  of  the 
votes  cast  at  such  election  are  found  to  be  in  favor  of  the  transfer 
then  it  shall  be  held  that  the  proposition  failed  and  no  transfer  shall 
be  effected. 


CHAPTER  61,  LAWS  OF  1888. 

FORMATION   OP   INDEPENDENT   DISTRICTS. 

SECTION  1.  The  subdistricts  of  a  district  township  may  be  con- 
stituted independent  districts  in  the  manner  hereinafter  provided. 

SEC.  2.  At  the  written  request  of  one-third  of  the  legal  voters  in 
each  subdistrict  of  any  district  township,  the  board  of  directors  shall 
call  a  meeting  of  the  qualified  electors  of  each  subdistrict  by  giving 
at  least  thirty  days'  notice  thereof  by  posting  three  written  notices  in 
each  subdistrict  in  the  township,  at  which  meeting  the  electors  shall 
vote  by  ballot  for  or  against  independent  district  organization. 


100  SCHOOL  LAWS  OF  IOWA. 

SBC.  3.  If  a  majority  of  the  votes  oast  in  each  subdistriot  shall 
be  favorable  to  such  independent  organization  then  each  subdistrict 
shall  become  an  independent  district. 

SEC.  4.  The  board  of  directors  of  the  old  district  township  so 
voting  shall  then  call  a  meeting  in  each  independent  district  for  the 
election  of  three  or  more  directors,  as  may  be  required  by  law,  and 
the  organization  of  the  said  independent  district  shall  be  completed 
and  governed  in  the  same  manner  as  other  and  similar  independent 
districts. 


CHAPTER  62,  LAWS  OF  1888. 

BOUNDARIES    OP   INDEPENDENT   DISTRICTS. 

SECTION  1.  The  boundary  lines  of  contiguous  independent  dis- 
tricts within  the  same  civil  township,  may  be  changed  by  concurrent 
action  of  the  respective  boards  of  directors  at  their  regular  meeting 
in  September,  or  at  special  meetings  thereafter  called  for  that  pur- 
pose; provided  that  the  district  so  formed,  from  which  territory  has 
been  detached,  shall  not  contain  less  than  four  government  sections 
of  land;  and  provided  further  that  the  boundary  lines  of  said  dis- 
tricts shall  conform  to  the  lines  of  congressional  divisions  of  land. 

CHAPTER  61,  LAWS  OP  1888. 

SECTION  3.  The  vote  upon  the  change  of  form  may  be  taken  at  any  time 
of  year,  but  the  organization  cannot  be  completed  between  August  and 
January.  Section  1804. 

SEC.  4.  When  the  new  boards  are  organized,  they  should  meet  as  soon  as 
possible,  and  make  settlement  of  assets  and  liabilities,  as  directed  by  sec- 
tion 1715. 


TABLE  OF  CONTENTS. 


PAGE 

APPEALS 77 

ATTENDANCE 58 

BOARD  or  DIRECTORS is 

BOARD  OF  SUPERVISORS — 53 

BONDS 73 

BOUNDARIES 60 

CHANGES  IN  FORM  OF  DISTRICTS 67 

COUNTY  AUDITOR 54 

COUNTY  HIGH  SCHOOLS 9 

COUNTY  SUPERINTENDENT 45 

COUNTY  TREASURER 55 

DISTRICT  TOWNSHIP  MEETING 15 

FORMATION  OF  INDEPENDENT  DISTRICTS 63 

GENERAL  PROVISIONS.  . .' 48 

INDEPENDENT  DISTRICT  ELECTION 66 

MISCELLANEOUS 56 

PRESIDENT 31 

SCHOOL  DISTRICTS 13 

SCHOOL-HOUSE  SITES 75 

SECRETARY 32 

SESSION  LAWS 82 

STATE  UNIVERSITY 7 

SUBDIRECTOR 38 

SUBDISTRICT  MEETING 17 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 5 

TAXES 51 

TEACHERS 41 

TREASURER  . ,  .85 


BLANK  FORMS. 

NUMBER  1. 

Form  for  Proceedings  of  District  Twcnship  Meeting. 
[Section  1717.] 

March ,188.. 

The  electors  of  the  district  township  of ,  in  the  county  of 

and  state  of  Iowa,  assembled  at pursuant  to  previous  notice.  The 

meeting  was  called  to  order  by  the  president  at — o'clock. . .  .M.  The  sec- 
retary being  absent, was  appointed  secretary. 

The  order  of  business  was  stated  by  the  president. 

On  motion  of  Mr ,  a  tax  of dollars  was 

voted  for  school-house  purposes. 

Mr moved  that  a  tax  of  eight  hundred  dollars  be  voted 

for  the  purpose  of  erecting  a  school-house  in  subdistrict  No. . . 

Mr. moved  to  amend  by  striking  out  "eight  hundred 

dollars"  and  inserting  "one  thousand  dollars,"  which  motion  was  carried 
and  the  motion  as  amended  was  decided  in  the  affirmative. 

Mr moved  to  transfer dollars  of 

unused  school-house  fund  to  teachers'  (contingent)  fund.  Carried. 

Mr moved  that  the  various  powers  conferred  by 

law  on  the  district  meeting,  which  may  be  delegated  to  the  board  of  direct- 
ors, be  and  the  same  are  hereby  so  delegated.  After  discussion  the  vote 
was  taken  and  the  motion  was  adopted. 

On  motion  of  Mr ,  the  meeting  adjourned. 


Chairman. 


Secretary. 


.—It  is  essential  that  the  secretary  make  a  full  and  accurate  record 
of  the  proceedings  of  the  district  township  meeting,  which  should  be  sub- 
mitted to  the  president  for  his  approval  at  the  close  of  the  meeting,  and 
afterwards  recorded  in  the  district  records,  or  otherwise  preserved. 

These  records,  together  with  all  certificates  of  the  action  of  any  subdis- 
trict in  relation  to  voting  school-house  taxes,  must  be  submitted  by  the  sec- 
retary, who  is  the  proper  custodian  of  the  records,  to  the  board,  at  the 
meeting  held  on  the  following  Monday,  to  form  the  basis  of  their  action  in 
apportioning  and  certifying  school-house  taxes  to  the  board  of  supervisors. 


BLANK  FORMS. 


NUMBER  2. 
«. 

.Form  of  Notice  for  Annual  Meeting  in  Subdistricts. 
[Section  1718.] 

Notice  is  hereby  given,  that  a  meeting  of  the  qualified  electors  of  sub- 
district  No. ......  of  the  district  township  of in  the  county  of , 

and  state  of  Iowa,  will  be  held  at ,  on  the  first  Monday  in  March, 

188. .,  at. . .  o'clock,  for  the  election  of  one  subdirector,  and  the  transaction 
of  such  other  business  as  may  legally  come  before  it. 

Dated ,188.. 


Subdirector  of  Subdistrict  No 

NOTES.— (a)  In  case  there  is  no  subdirector,  the  above  notice  must  be 
given  by  the  secretary  of  the  district  township.  It  must  be  posted  five  days 
previous  to  the  meeting,  in  at  least  three  public  places  in  the  subdistrict. 
The  notice  should  designate  the  hour  of  meeting,  which  cannot  be  earlier 
than  9  o'clock  A.  M.  Section  1789. 

(&)  When  an  organized  district  township  is  left  without  officers,  or  with- 
out a  quorum,  the  above  notice  for  a  special  election  should  be  posted  by  the 
township  trustees,  in  at  least  three  public  places  in  each  subdistrict,  chang- 
ing the  time  of  holding  the  election  to  suit  the  circumstances  of  the  case. 
Section  1714. 


NUMBER  3. 

Form  of  Proceedings  of  Annual  Subdistrict  Meeting. 
[Sections  1718, 1719, 1720.  J 

March ,188.. 

The  electors  of  subdistrict  No — ,  of  the  district  township  of , 

in  the  county  of ,  and  state  of  Iowa,  met  pursuant  to  previous 

notice. 

was  appointed  chairman,  and secretary  of 

the  meeting. 

On  motion  of  Mr ,  the  meeting  proceeded  to  the  election  by 

ballot  of  one  subdirector. 

The  chairman  announced  the  result  of  the  ballot  to  be  as  follows: 

20  votes  were  cast  for  A  B;  15  votes  for  C  D;  and  10  votes  for  E  F;  upon 
which  A  B  was  declared  duly  elected  subdirector  for  the  ensuing  year. 


BLANK  FORMS.  1Q5 

Mr moved  that  a  tax  of dollars  be  voted 

for  the  erection  of  a  school-house  in  this  subdistrict. 
The  motion  was  lost. 
On  motion  of  Mr the  meeting  adjourned. 


Chairman. 


Secretary. 


NOTES.— (a)  If  the  electors  desire  to  hold  a  caucus,  it  should  be  done  be- 
fore the  subdistrict  meeting  is  called  to  order.  Only  one  ballot  can  be  had 
for  the  election  of  subdirector,  and  a  plurality  will  elect. 

(6)  The  amount  voted  by  the  subdistrict  must  be  certified  to  the  next 
regular  district  township  meeting. 

(c)  To  avoid  the  levy  of  taxes  upon  the  subdistrict,  the  district  township 
may  simply  be  requested,  by  a  vote  of  the  electors  of  the  subdistrict,  to 
build  them  a  school-house,  without  asking  for  a  definite  amount  of  money. 


NUMBER  4. 

Form  for  Certificate  of  Election  of  Subdirector. 
[Section  1719.] 

We  hereby  certify  that,  at  the  annual  meeting  of  subdistrict  No , 

of  the  district  township  of ,  in  the  county  of ,  and 

state  of  Iowa,  held  on  the  first  Monday  in  March,  188. ., was 

duly  elected  subdirector  for  said  subdistrict. 


Chairman. 


Secretary. 


NOTES.— (a)  This  certificate,  slightly  varied,  will  answer  in  case  of  the 
election  of  a  subdirector  at  a  special  meeting  called  by  the  township  trus- 
tees. In  both  cases,  it  should  be  presented  by  the  subdirector  elect  to  the 
board  of  the  district  township,  and  filed  with  the  president  of  said  district, 

(6)  In  case  of  a  tie  vote,  the  fact  should  be  certified  in  a  similar  manner 
to  that  given  in  the  above  form,  by  the  officers  of  the  meeting. 


14 


1Q6  ALANK  FOKMS. 


NUMBER  5. 

Fvrm  for  Certificate  of  the  Tax  Voted  by  Subdistrict  Meeting. 
[Section  1718, 1778.] 

To , 

Secretary  of  the  board  of  directors  of  the  district  township 

of 

I  hereby  certify  that  the  electors  of  subdistrict  No of  the  district 

township  of ,  in  the  county  of. and  state  of 

Iowa,  at  the  annual  meeting,  held  on  the  first  Monday  in  March,  188. . ,  voted 

a  tax  of dollars  for  the  erection  of  a  school-house  in  said 

subdistrict. 


Subdirector. 

NOTE.— This  certificate  may  be  made  either  by  the  subdirector  or  by  the 
chairman  and  secretary  of  the  subdistrict  meeting. 


NUMBER  6. 

Proposals  for  the  Erection  (or  Repair)  of  a  School-house. 
[Section  1723.] 

Notice  ia  hereby  given  that  proposals  for  the  erection  (or  repair)  of  a 

school-house  in  subdistrict  No ,  in  the  district  township  of , 

in  the  county  of ,  will  be  received  by  the  undersigned,  at  his 

office  in (where  plans  and  specifications  may  be  seen),  until 

1  o'clock  P.  M., 188. . ,  at  which  time  the  contract  will  be 

awarded  to  the  lowest  responsible  bidder.    The  board  reserve  the  right  to 
reject  any  or  all  bids. 


Secretary  of  the  Board  of  Directors. 


BLANK  FORMS. 


NUMBER  7. 

Form  of  Contract  for  Building  a  School-house. 
[Section  1723.] 

Contract  made  and  entered  into  between ,  of  the 

county  of ,  and  state  of  Iowa,  and ,  in 

behalf  of  the  district  township  of ,  in  the  county 

of ,  and  state  of  Iowa,  and  his  successors  in  office. 

In  consideration  of  the  sum  of dollars,  to  be  paid  as  hereinafter 

specified,  the  said hereby  agrees  to  build  a 

school-house,  and  to  furnish  the  material  therefor,  according  to  the  plans 
and  specifications  for  the  erection  of  said  house  hereto  appended,  at 


in  said  district  township.  The  said  house  is  to  be  built  of  the  best  material, 
in  a  substantial,  workmanlike  manner,  and  to  be  completed  and  delivered 

to  the  said ,  or  his  successors  in  office,  free  from  any 

lien  for  work  done  or  material  furnished,  on  or  before  the day  of 

,  188. .  And  in  case  the  said  house  is  not  finished  by  the  time 

herein  specified,  the  said shall  forfeit  and  pay  to  the  said 

,  or  his  successors  in  office,  for  the  use  of  said  district 

township,  the  sum  of dollars,  and  shall  also  be  liable 

for  all  damages  that  may  result  to  said  district  township  in  consequence  of 
said  failure. 

The  said ,  or  his  successors  in  office,  in  behalf  of 

said  district  township,  hereby  agrees  to  pay  the  said the 

sum  of dollars  when  the  foundation  of  said  house  is  finished; 

and  the  further  sum  of dollars  when  the  walls  are  up  and 

ready  for  the  roof;  and  the  remaining  sum  of dollars  when 

the  said  house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sublet,  transferred,  or 
assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  188. . 


Contractor. 
President. 


108 


BLANK  FORMS. 


This  is  to  certify  that  th9  foregoing  contract  was  approved  by  the  board 

of  directors  of  the  district  township  of ,  in  the  county  of 

,  and  state  of  Iowa,  this day  of 188. . 


President. 
Secretary. 


NOTES.— (a)  The  law  requires  the  board  to  make  all  contracts  necessary 
to  carry  out  any  vote  of  the  district,  and  the  president  of  the  district  to 
sign  all  contracts  made  by  the  board.  Section  1739.  Contracts  must,  in  all 
cases,  be  made  according  to  the  instructions  and  directions  of  the  board, 
and  after  being  made  they  should  be  approved  by  the  board  before  any  work 
is  done. 

(6)  In  building  a  school-house,  it  is  important  to  secure  plans  of  the 
building,  with  full  specifications  as  to  its  dimensions,  style  of  architecture, 
numbe  M  and  size  of  windows  and  doors,  quality  of  materials  to  be  used,  what 
kind  of  roof,  number  of  coats  of  paint,  of  what  material  the  foundation 
shall  be  constructed,  its  depth  below  and  its  height  above  the  surface  of  the 
ground,  the  number  and  style  of  chimneys  and  flues,  the  provisions  for  ven- 
tilation, the  number  of  coats  of  plastering  and  style  of  finish,  and  all  other 
items  in  detail  that  may  be  deemed  necessary.  The  plans  and  specifications 
should  be  attached  to  the  contract,  and  the  whole  filed  with  the  secretary  of 
the  district  township. 


NUMBER  8. 

Form  of  Bond  for  Performance  of  Contract. 
[Section  1723.] 

Know  all  Men  by  these  Presents:  That  we, ,  as  prin- 
cipal, and and as  sureties,  of 

the  county  of and  state  of  Iowa,  are  held  and  firmly 

bound  unto  the  district  township  of ,  in  the  county  of 

,  and  state  of  Iowa,  in  the  penal  sum  of dollars, 

for  the  payment  of  which,  well  and  truly  bo  be  made,  we  bind  ourselves, 
our  heirs,  administrators  and  assigns,  jointly,  severally  and  firmly  by  these 
presents. 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  said 

has  this  day  entered  into  a  written  contract  with 

,  as  president  of  the  board  of  directors  of  the  district  township  of 

,  in  the  county  of ,  and  state  of  Iowa, 

and  his  successors  in  office,  for  the  erection  and  completion  of  a  school-house 


BLANK  FORMS.  109 

in  said  subdistrict,  by  the day  of ,  188. . ,  according 

to  the  plans  and  specifications  for  the  construction  of  said  house  appended 
to  said  contract. 

Now,  therefore,  if  the  said shall  faithfully  and  fully 

comply  with  all  the  stipulations  of  said  contract,  then  this  obligation  shall 
be  void,  otherwise  remain  in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,188.. 


Principal. 


NUMBER  9. 

Form  for  Certificate  of  Appointment  of  School  Officers. 
[Section  1730.] 

,188. 


To : 

You  areihereby  notified  that,  at  a  meeting  of  the  board  of  directors  of  the 

districtfttownshipEof ,  in  the  county  of , 

andstate'of  Iowa,  held  on  the day  of ,188..,  you  were 

duly  appointed  (here  name  the  office),  in  and  for  said  district  township,  to 
fill  the  [vacancy^occasioned  by  the  (here  state  the  came  of  the  vacancy)  of 


Secretary  of  the  Board  of  Directors. 

NOTE — For  the  appointment  of  subdirector,  insert  in  the  above  form  the 
words  subdistrict^number of  immediately  after  the  word/<w. 


BLANK  FORMS. 


NUMBER  10. 

Form  f Off  Bond  of  Secretary  or  Treasurer. 
[Section  1731.] 

Know  all  Men  by  these  Presents:  That  I, as  principal, 

and and as  sureties  of 

the  district  township  of ,  in  the  county  of , 

and  state  of  Iowa,  are  held  and  firmly  bound  unto  the  district  township 

of ,  in  the  said  county  and  state,  in  the  penal  sum  of 

dollars,  to  be  paid  to  the  said  district  township  of 

,  for  which  payment,  well  and  truly  to  be  made,  we  bind 

ourselves,  our  heirs,  executors  and  administrators  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  above  bounden 
,  shall  well  and  truly  fulfill  the  duties  of  secre- 
tary (or  treasurer)  in  the  district  township  of ,  and  county 

of ,  and  state  of  Iowa,  to  the  best  of  his  ability, 

according  to  law,  then  the  above  obligation  to  be  void,  otherwise  to  remain 
in  full  force  and  action  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,188.. 


Principal 


STATE  OF  IOWA,          )  ss 
, county,    J88' 


I, ,  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port the  constitution  of  the  United  States,  and  the  constitution  of  the  state 
of  Iowa,  and  that  I  will  faithfully  and  impartially  discharge  the  duties  of 

secretary  (or  treasurer)  of  the  district  township  of ,  in  the  county  of 

,  and  state  of  Iowa,  according  to  law  and  as  provided  by  the  con- 
dition of  my  bond  above  written. 


Subscribed  and  sworn  to  before  me  by  the  above  named. , 

this... day  of ,  A.  D.  188.. 

In  testimony  whereof  witness  my  hand  and  official  seal. 


Notary  Public. 
[SEAL.] 


BLANK  FOKMS. 


STATE  OF  IOWA, 
county. 


I, ,  being  duly  sworn,  depose  and  say  that 

I  am  a  resident  freeholder  of  the  state  of  Iowa,  and  am  worth  the  sum  of 

dollars  beyond  the  sum  of  my  debts,  and  have 

property  liable  to  execution  in  this  state  equal  to  the  sum  of « 

dollars. 


Subscribed  and  sworn  to  before  me  by  the  above  named. 

this day  of. ,  A.  D.  188. . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SEAL.  |  Notary  Public. 

NOTES— (a)    See  section  1731,  notes. 

'(6)    The  aggregate  amount  to  which  the  sureties  are  required  to  qualify, 
is  double  the  amount  of  the  bond  required.    Section  249,  Code. 


NUMBER  11. 

Form  of  Certificate  for  Election  of  the  Officers  of  the  Board,  to  the  County 
Superintendent,  Auditor,  and  Treasurer. 

[Section  1736.] 

I  hereby  certify  that  at  a  meeting  of  the  board  of  directors  of  the  district 

township  of ,  held  on  the day  of 

,  188. . ,  the  following  named  officers  were  elected  and  have 

duly  qualified  according  to  law: 

,  to  the  office  of ...,  P.  O.  Address 

,  to  the  office  of ,  P.  O.  Address 

Dated  at..  .,188.. 


Secretary. 

NOTE.— All  the  officers  of  the  board,  in  addition  to  the  oath  which  they 
may  have  taken  as  members,  must  take  the  oath  of  office  as  prescribed  by 
section  5,  article  11,  of  the  constitution. 


BLANK  FORMS. 


NUMBER  12. 

Form  of  Draft  on  the  County  Ireasury. 
[Sections  1739, 1786.] 

To ,  County  Treasurer: 

Pay  to ,  treasurer  of  the  district  township 

of ,  in  the  county  of , 

and  state  of  Iowa, dollars  school-house  fund, 

dollars  contingent  fund,  and dollars  teachers'  fund,  being  the 

amount  of  taxes  collected  and  due  this  district,  for  the  quarter  ending  on  the 

first  Monday  of ,  as  shown  by  your  notice  of , 

188.. 


President. 


NOTE.— Whenever  a  draft  is  drawn  on  the  county  treasury,  it  is  the  duty 
of  the  secretary  to  charge  the  district  treasurer  with  the  amount  named  in 
the  draft,  keeping  a  separate  account  with  each  fund.  Section  1782. 


NUMBER  13. 

Form  of  Order  en  District  Ireasury. 
[Section  1739.] 

$ ,18..., 

To ,  treasurer  of  the  district  township  of 

Pay  to ,  or  order,  the  sum  of dollars 

from  the  (here  state  the  fund)  fund  for  (here  state  the  object  for  which  drawn). 


President. 


Secretary. 


NOTE.— No  order  shall  be  drawn  on  the  district  treasury,  until  the  claim 
for  which  it  is  drawn  has  been  audited  and  allowed.  Section  1733. 

All  orders  drawn  on  the  district  treasury  should  be  registered  by  the  sec- 
retary as  per  form  16. 


BLANK  FORMS. 


NUMBER  14. 
Form  of  Lease. 
[Section  1739.] 

Know  all  men  by  these  presents :  That ,  of  the  county  of 

,  and  state  of  Iowa,  for  the  consideration  hereinafter 

mentioned,  does  hereby  lease  unto. ,  president 

of  the  board  of  directors  of  the  district  township  of ,  in  the 

county  of ,  and  state  of  Iowa,  or  his  successor  in  office, 

for  the  use  of  said  district  township  for  school  purposes,  the  following  de- 
scribed premises,  situated  in  the  county  and  state  aforesaid,  to- wit:  (Here 
describe  the  home  and  lot  or  parcel  of  ground),  together  with  all  the  privileges 

thereto  belonging,  for  the  term  of months  from  the 

day  of ,188.. 

The  said ,  president  as  aforesaid,  or  his  successor 

in  office,  hereby  agrees  to  pay  the  said ,  for  the  use  of 

said  premises  the  monthly  rate  of dollars,  to  be  paid  at  the  expi- 
ration of  this  lease. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names  this 

day  of ,188.. 

Signed  in  duplicate.  , 


President. 

NOTE  —As  a  matter  of  safety,  the  above  lease  should  be  executed  in  du- 
plicate, one  to  be  held  by  the  secretary  of  the  board,  and  the  other  by  the 
lessor.  The  lease  should  be  approved  by  the  board,  as  in  case  of  a  contract, 
and  should  be  filed  with  the  secretary. 


NUMBER  15. 
Form  of  Deed. 
[Section  1739.] 

Know  all  men  by  these  Presents:    That  we, ,  and 

,  h ,  of  the  county  of , 

and  state  of  Iowa,  in  consideration  of  the  sum  of dollars 

in  hand  paid,  do  hereby  sell  and  convey  unto  the  district  township  of 
,  in  the  county  of ,  and  state  of  Iowa, 

15 


BLANK  FORMS. 

the  following  described  premises,  situate  in  the  county  of ,  and 

state  of  Iowa,  to-wit:  (Here  describe  the  premises.) 

And  we  do  hereby  covenant  with  the  said  district  township  that  we  are 
lawfully  seized  of  said  premises;  that  they  are  free  from  incumbrance;  that 
we  have  good  right  and  lawful  authority  to  sell  the  same;  and  we  do  hereby 
covenant  to  warrant  and  defend  the  title  to  the  said  premises  against  the 
lawful  claims  of  ail  persons  whomsoever. 

Signed  this day  of 188. . 


STATE  or  IOWA, 


On  this  ...................  day  of  ......................  ,  A.  D.  188.  .,  before 

me,  a  notary  public  in  and  for  said  county,  personally  came  ................ 

and  ................  ,  h  .........  personally  to  me  known  to  be  the  identical 

persons  whose  names  are  affixed  to  the  above  deed  as  grantors,  and  acknowl- 
edged the  same  to  be  their  voluntary  act  and  deed,  for  the  purposes  therein 
expressed. 

Witness  my  hand  and  notarial  seal  this  ..........  day 

|L.  s.]  of  ................  ,188.. 


Notary  Public. 

NOTES.— (a)  In  purchasing  the  grounds  for  school-house  purposes,  the 
president  should  require  an  abstract  of  title  and  satisfy  himself  that  the 
property  is  free  from  incumbrance.  Let  the  property  in  all  cases  be  con- 
veyed to  the  district  in  its  corporate  name.  The  deed  should  be  filed  with 
the  president. 

(b)  In  case  of  the  donation  of  school-house  site,  the  following  reversion- 
ary clause  may  be  appended  to  the  deed:    Provided,  that  if,  for  the  space  of 
two  consecutive  years  said  premises  shall  cease  to  be  used  for  school  purposes, 
the  same  shall  revert  to  the  original  donor;  his  heirs  or  assigns,  without  legal  hin- 
derance  or  expense. 

(c)  Since,  by  section  1827,  the  receipt  of  the  treasurer  for  the  money  de- 
posited with  him,  for  the  owner  of  the  land,  may  be  the  only  evidence  of 
title,  such  receipt  should  have  a  full  description  of  the  property,  contain 
the  proviso  of  note  (b)  of  this  form  with  this  addition,  upon  the  repayment  of 
the  principal  amount  paid  by  the  district,  without  interest,  together  with  the  value 
of  any  improvements  thereon  made  by  the  district,  and  the  receipt  should  be  re- 
corded by  the  county  recorder. 


BLANK  FORMS. 


115 


NUMBEE  16. 

ISection  1741.] 

Form  of  Order  Register  of  Secretary  and  1  reasurer. 


a 

. 

s 

a 
ff 
ft 

| 

DATE. 

IN  WHOSE  FAVOR 
DRAWN. 

FOR    WHAT  PURPOSE 

li 

Is 

S| 

31 

si 

•£  p 

ll 

6 

fc; 

r 

8* 

H 

i 

April  7,  188. 

John  Smith  

Teaching  school  

$ 

$ 

$4500 

g 

April  7  188 

A.  J.  Adams  .... 

Rep.  on  S.  -house  .  .  . 

15.00 

a 

April  7  188 

Joel  B  Young 

Fuel 

5  00 

4 

May  10,  188.  . 

Thos.  Harrison  .  . 

Erection  of  S.-house. 

125.00 

B 

Mav  14.  188.  . 

Sarah  Johnson.. 

Teaching  school.. 

63.74 

NOTE. — The  law  requires  both  the  secretary  and  treasurer  to  keep  a  regis- 
ter of  all  orders  drawn  on  the  district  treasury,  containing  a  record  of  each 
item  enumerated  in  the  above  form. 

Whenever  orders  are  drawn,  the  secretary  should  register  them  and  fur- 
nish the  treasurer  with  a  transcript  of  the  same  to  place  upon  his  register. 

Whenever  partial  payment  is  made,  the  treasurer  should  indorse  the  pay- 
ment on  the  order  and  take  a  receipt  for  the  amount  paid.  When  paid  in 
full,  the  order  should,  in  all  cases,  be  indorsed  by  the  person  presenting  it, 
and  left  with  the  treasurer.  It  is  then  a  voucher  for  the  amount  paid. 


BLANK  FORMS. 


NUMBER  17. 

Form  of  Notice  of  District  Township  Meeting. 
[Section  3742.] 

Notice  is  hereby  given  to  the  qualified  electors  of  the  district  township  of 

,  in  the  county  of ,  and  state  of  Iowa,  that 

the  annual  meeting  of  said  district  will  be  held  at ,  on 

the  second  Monday  in  March,  188. .,  at  . .  o'clock,  . .  M.,  for  the  transaction 
of  such  business  as  may  legally  come  before  it. 


Secretary. 
Dated, ,188.. 

NOTES.— (a)  The  above  notice  must  be  posted  in  five  different  conspicuous 
places  in  the  district  and  a  copy  of  the  same  furnished  to  the  teacher  of  each 
school  in  session  to]be  read  to  the  pupils  thereof.  In  independent  districts, 
insert  immediately  after  the  word /or,  in  the  concluding  part  of  the  notice, 
the  words  thelelection  of  officers  and  in  accordance  with  the  provisions  of  sec- 
tions 1807, 1808,  and  section  4,  chapter  8,  laws  of  1880. 

(&)  The^same  notice  may  be  given  for  the  extra  meetings  provided  for  in 
sections  17171  and  1822,  changing  the  time  of  holding  the  election  to  suit  the 
circumstances  of  the  case. 


BLANK  FORMS. 


117 


NUMBER  18. 
[Section  1745.] 

Report  of  the  Secretary  of District  of 

'for  the  Year  Ending  September  . . ,  188. . 


DIS- 
TRIC'S. 

SCHOOLS. 

TEACHERS. 

PUPILS. 

SCHOOL- 
HOUSES. 

APPARATUS. 

LIBRARIES. 

Number  of  subdistrict  or  name  of  in- 
dependent district. 

Number  ungraded. 

Number  of  rooms  in  graded  schools. 

Number  of  months  school  since  Sep- 
tember of  last  year. 

Number  of  different 
teachers  employed. 

Average  compensation 
per  month. 

Number  of  persons  be- 
tween the  ages  of  5 
and  21  years. 

Total  number  of  different  scholars 
registered  in  the  schools  since 
last  September. 

Average  daily  attendance  in  each 
school. 

Average  cost  of  tuition  per  month 
for  each  pupil. 

Number. 

Value. 

9 

si 
"cS 
> 

Number  of  volumes. 

No.  of  trees  set  out  on  grounds  and 
in  thrifty  condition. 

Are  effects  of  stimulants  and  nar- 
cotics taught? 

1 
s 

Females. 

1 

"S 

Females. 

Males. 

Females. 

Frame. 

x 
.2 

o5 
a 

, 

•?•• 

t 

Total 

—  ~ 

— 

— 

# 

.- 

* 

* 

.... 

.... 

* 

* 

* 

Leave  these  totals  blank. 


118 


BLANK  FORMS. 
STATISTICS  OF  BLIND  AND  DEAF  AND  DUMB. 


NAME. 

AGE. 

NATURE  OF 
DEFECT. 

NAME  OF  PAR- 
ENT. 

I 

P.  O.  ADDRESS. 

I  hereby  certify  that  the  foregoing  report  is  correct. 

— post-office,  September ,  188. . 

,  Secretary. 

NOTES— (a)  At  the  regular  meeting  in  September,  call  the  attention  of 
your  board  to  section  690,  Code,  which  directs  them  to  settle  in  full  with  the 
treasurer,  and  require  him  to  account  for  and  produce  all  funds  and  property 
under  his  control.  The  fact  that  the  treasurer  has  made  a  complete  settle- 
ment, and  that  he  is  in  possession  of  the  funds,  should  be  indorsed  on  the 
new  bond.  This  will  furnish  the  legal  proof  that  the  treasurer  has  the  funds 
in  his  possession. 

(6)  Two  or  more  terms  taught  in  the  same  school-house,  the  same  year, 
constitute  but  one  school. 

(c)  Express  all  fractions  decimally;  omit  cents  in  the  valuation  of  school- 
houses  and  apparatus. 

(d)  To  find  the  average  daily  attendance  in  the  district,  divide  the  sum  of  the 
total  attendance  in  days,  as  shown  by  the  register  of  the  teacher  or  teachers, 
by  the  number  of  days  the  school  has  been  taught. 

(e)  To  find  the  average  cost  of  tuition  per 'month  for  each  pupil,  divide  the 
total  amount  paid  teachers  by  the  number  of  months,  and  this  quotient  by 
the  average  daily  attendance. 

(/)  The  average  compensation  per  month  averages  between  winter  and 
summer  schools,  or  of  all  the  teachers  of  the  same  grade  employed  in  a  given 
district. 

(fif)  Secretaries  must  file  their  reports  with  the  county  superintendent  im- 
mediately after  the  meeting  of  the  board,  on  the  third  Monday  in  September. 


BLANK  FORMS. 


119 


IS  UMBER  19. 
Form  for  the  Treasurer's  Account  with  the  Teachers'  Fund. 

[Sections  1747,  1748.] 
, ,  TREASURER,  in  account  with  Teachers'  Fund.        DR. 


Sept.  28, 188. , 

Oct.  5,188. 
Jan.  4, 188. 
April  5, 188. 
April  5, 188. 

July    5,188. 


To  cash  received  of  County  Treasurer,  semi-annual 
apportionment 

To  cash  received  of  County  Treasurer,  district  tax.. 

To  cash  received  of  County  Treasurer,  district  tax., . 

To  cash  received  of  County  Treasurer,  district  tax  . . 

To  cash  received  of  County  Treasurer,  semi-annual 
apportionment 

To  cash  received  of  County  Treasurer,  district  tax  . . 


$  270.00 

75.00 

150.00 

197.00 

13500 
100.00 


Oct.  13,  188.  . 

By  cash  paid  James  Hogan,  on  order  No.  1  

$  13600 

Oct.  13,188.. 

By  cash  paid  Sarah  Smith,  on  order  No.  3  

89.00 

Nov.  14,  188. 

By  cash  paid  Nicholas  Hoover,  on  order  No.  4  

13500 

May    3,  188.  . 

By  cash  paid  Louisa  Martin,  on  order  No.  7  

82.00 

May    4,  188.  . 

By  cash  paid  Jas.  M.  Higgins,  on  order  No.  10  

11500 

May    4,  188.  . 

175.00 

May    5,  188.  . 

By  cash  paid  Amelia  Mason,  on  order  No.  13  

95.00 

NOTE.— A  similar  account  is  to  be  kept  with  the  school-house  fund  and 
contingent  fund,  and  a  statement  of  the  condition  of  any  fund  is  to  be  ren- 
dered at  any  time  when  required  by  the  board.  By  keeping  a  correct  ac- 
count of  the  orders,  as  per  form  16,  the  treasurer  will  know  the  amount  out- 
standing, and  can  readily  determine  what  per  cent  on  each  he  can  pay  with 
the  funds  on  hand. 

The  above  form  is  intended  for  separate  pages  opposite  each  other. 


120 


BLANK  FORMS. 


NUMBER  20. 

«. 

[Section  1751.] 

Report  of  the  treasurer  of  the District 

of ,  for  the  year  ending  September ,  188. . 

DR.  SCHOOL-HOUSE  FUND. 


OR. 


On  hand  at  last  report  
Received  from  district  tax.  .  .  . 

*.  • 

Paid  for   school-houses    and 
sites  

$ 

Received  from  other  sources.  . 

Paid  on  bonds  and  interest 

Paid  for  library  and  apparatus 

Transferred  to  other  funds  .  .  . 
Paid  for  other  purposes  

.... 

, 

On  hand  

Total....  

•—  ~ 

— 

Total  

— 

DR. 


CONTINGENT  FUND. 


OR. 


On  hand  at  last  report 

Received  from  district  tax. . 
Received     by  transfer    from 

school- house  fund 

Received  from  other  sources 


Total 


$.. 


Paid  for  fuel,  rent  and  repairs 
of  school-houses 

Paid  secretary  and  treasurer 

Paid  for  records,  dictionaries, 
and  apparatus 

Paid  for  insurance  and  jani- 
tors   

Paid  for  brooms,  chalk  and 
other  supplies 

Paid  for  other  purposes 

On  hand . . 


Total 


DR. 


TEACHERS'  FUND. 


CR. 


On  hand  at  last  report  
Received  from  district  tax.  .  .  . 

$.  . 

Paid  teachers  since  last  report. 
Paid  other  districts  for  tuition. 

$.  . 

Received    from    semi-annual 

Paid  for  other  purposes  

apportionment 

On  hand  .  . 

Received    by    transfer    from 
school-house  fund  

Received  f^om  other  sources 

> 

Total  



— 

Total  ..  



— 

I  hereby  certify  that  the  foregoing  report  is  correct. 
post-office,  September ,  188.. 


treasurer. 


BLANK  FORMS. 

NOTE.— (a)  The  totals  of  the  debit  and  credit  columns  in  each  fund 
MUST,  IN  ALL  CASES,  BE  EQUAL;  the  report  should  exhibit  the  exact 
amounts  received  and  paid  out  by  the  district  since  the  date  of  last  report. 
Unpaid  orders  are  not  to  be  reported. 

(b)  The  amount  on  hand  at  last  report  MUST  BE  IDENTICAL  with  the  amount 
reported  on  hand  in  your  last  report  to  the  county  superintendent. 

(c)  The  treasurer  is  required  to  make  a  full  report  to  the  board,  at  the  ex- 
piration of  his  term  of  office  on  the  third  Monday  of  September,  and  to  file  a 
copy  of  the  same  immediately  with  the  county  superintendent.    Section 
1751  and  notes. 

(d)  The  report  must  be  made  in  the  identical  items  printed  on  this  blank. 
Any  deviation  or  interlining  simply  causes  the  county  superintendent  the 
trouble  of  condensing.    Itemize  fully,  and  take  pride  in  making  paid  for 
other  purposes  as  small  as  possible. 

(e)  The  report  made  to  the  county  superintendent  should  be  identical 
with  the  final  report  for  a  full  year  made  by  the  treasurer  to  the  board  at 
their  meeting  on  the  third  Monday  in  September. 


NUMBEE  21. 

Form  of  Contract  between  Subdirector  (or  Secretary),  and  Teacher. 
[Sections  1753, 1757, 1758.] 

This  contract,  between. ,  of county, 

Iowa,  and ,  subdirector  of  subdistrict  No. 

of  the  district  township  of .,  in  the  county  of .. 

and  state  of  Iowa,  witnesseth: 

That  the  said ,  agrees  to  teach  the  public  schools  in  said 

subdistrict  for  the  term  of weeks,  commencing  on  the 

day  of ,  188. . ,  and  well  and  faithfully  to  perform  the  duties 

of  teacher  in  said  school,  according  to  law,  and  the  rules  legally  established 
for  the  government  therof,  including  the  exercise  of  due  diligence  in  the 
preservation  of  school  buildings,  grounds,  furniture,  apparatus,  and  other 
school  property. 

In  consideration  of  said  services,  the  said. ,  as  subdirector 

aforesaid,  in  behalf  of  said  district  township,  agrees  to  pay  the  said 

,  the  sum  of dollars  per  school  month,  at  the 

end  of ,  and  to  perform  all  the  duties  required  by  law  as 

such  subdirector. 


16 


122  BLANK  FORMS. 

Witness  our  hands  this  ................  day  of 


,  A.  D.  188. 


Teacher. 


Subdirector. 
The  within  contract  is  hereby  approved  this day  of ,  A.  D.  188. . 


President. 

NOTE — With  a  little  variation  the  above  form  will  answer  for  independ- 
ent districts.  The  subdirector  should  file  the  contract  with  the  president 
and  secure  his  approval  before  the  teacher  enters  upon  his'duties.  The  pres- 
ident cannot  withhold  his  approval,  unless  there  has  been  a  violation  of  law, 
or  the  instructions  of  the  board  have  been  disregarded. 


NUMBER  22. 

Form  for  List  of  Heads  of  Families  and  Children,  to  be  kept  by  Subdirectors. 

[Section  1754.] 


PARENTS   OR   GUARDIANS. 

NAMES  OF  CHILDREN. 

SEX. 

AGE. 

John  Smith  

Peter  Smith  

Male  

12  years. 

Eliza  Smith    . 

Female 

10  years. 

James  Jones  

William  Jones  

Male  

15  years. 

Anna  Byron  

Charles  Peters,  (ward). 
James  Byron  

Male  
Male  

13  years. 
20  years. 

NOTE— The  above  list  should  be  recorded  in  a  book,  and  carefully  pre- 
served with  the  records  of  the  subdistrict,  from  this  record  the  subdirector 
will  be  able  to  make  his  annual  report  to  the  district  secretary,  as  required 
by  section  1755. 


NUMBER  23. 

Form  for  Teacher's  Daily  Register  of  Attendance. 

[Section  1759.] 

Register  of  the  school  taught  in  subdistrlct  number  of  the  district  township  of  county  of 
and  state  of  Iowa  for  the  term  commencing  May  18,  188.  .  .  ,  and  closing.  .  188 
Teacher. 

BBANOHES  STUDIED. 

BLANK  FORM! 
•soiioo 

5. 

i* 

* 

* 

* 

* 

12c 

•^IOJSJH  8  "D 

•XSojoisAnvj 

; 

ueraiuBJ* 

• 

•Aqchttitoeo 

* 

'ojionimiJY^  uQ^Jipj^y 

* 

'0{i8raijjiJ[v  I'Gjnoi/i 

*                *      »    j-*  —  (-*— 

•SujmA! 

»                * 

*          #          » 

•3uip«9?| 

»                * 

•          *          * 

•Xqd-BiSoq^ro 

»                »      *      *      * 

•s£ep  uj  oouupuo:^  ii3}ox 

IO 

00 

t-             « 

0 

10 

-4 

ri 

b 

•-3 

DAY  OF  MONTH. 

-rang   S.iJ[QQj^ 

10 

10 

10 

IO 

IO 

IO 

'21  *'& 

1 

•ii  ''m 

•01  "M 

1 

'6  "I 

1 

'8  *'W 

-rang   £pi99A\ 

10 

«                 IO 

IO 

o 

M 

•fi"j 

X 

Vqj 

X 

•S"M 

X 

x 

VX 

^           ^ 

•l"H 

\ 

-rang    £U99M 

« 

IO 

10 

IO             CO 

* 

1 

'62  ''J 

X 

$ 

'82  '-qx 

b 

"17   '•  A* 

l*>    fa. 

D 

s 

x 

•92  "X 

co 

0 

W 

•32  "W 

X 

\ 

-rang   £{3i8aAi 

2     |3      * 

10 

.  1 

'22  ''& 

s^ 

1 

•12  '-qX 

X 

w 

'02  "M 

2^ 

•61  "X 

1 

•8T  "W 

W            W 

W        W 

PUPILS. 

•9Sy 

o          2          «       S       S3       °* 

NAME. 

a 

a 
S 

5 

4 

3 

a 

QD 

i 

William  Jones  

Charles  Peters  

James  Byron  

Thomas  Ward  

•OK 

rH    '"              <N                   CO             ^             10             CD 

124 


BLANK  FOKMS. 


NOTE.— The  board  should  supply  each  school-room  in  the  district  with  a 
bound  copy  of  school  register. 

In  the  above  form,  E  indicates  the  date  of  the  pupil's  entrance;  \,  absence 
in  the  forenoon;  / ,  absence  in  the  afternoon;  20,  twenty  minutes  late  in 
forenoon;  lOe,  ten  minutes  late  afternoon,  excused.  The  absence  of  marks 
indicates  that  the  pupil  was  present  the  entire  day.  Absence  at  roll-call  is 
indicated  by  a  dot,  which  is  afterward  changed  to  figures,  or  a  diagonal 
mark,  as  the  circumstances  require;  *  indicates  branch  studied. 


NUMBER  24. 

[Section  1760.] 

Form  for  Teacher's  Term  Eeport,  to  District  Secretary. 

Teacher's  report  to  the  district  secretary  of  the  school  taught  in  subdis- 

trict  No ,  of  the  district  township  of , 

county,  Iowa,  for  the  term  commencing ,  188. . 


MALES. 

FEMALES. 

TOTAL. 

Whole  number  of  pupils  enrolled  

Average  number  belonging  

Total  attendance  in  days  

Average  daily  attendance  

Total  number  of  days  absent  

Number  of  cases  of  tardiness  

Number  neither  absent  nor  tardy  

Number  studying  orthography  

Number  studying  reading  

Number  studying  writing  «  

Number  studying  geography  

Number  studying  grammar  

Number  studying  physiology  

Number  studying  United  States  history.  .  .  . 

Number  studying  effects  of  stimulants,  etc. 

Whole  number  of  days  taught 

Compensation  of  teacher  per  month 

Average  cost  of  tuition  per  month,  for  each  pupil 
I  hereby  certify  that  the  above  report  is  correct. 


Teacher. 

NOTES. — (a)    The  number  belonging  on  any  day  is  equal  to  the  number 
enrolled  less  the  number  who  have  been  absent  more  than  three  consecu- 


BLANK  FOKMS.  125 

tive  whole  days.  To  obtain  the  average  number  belonging  for  the  term, 
divide  the  sum  of  the  numbers  belonging  for  each  day  by  the  number  of  days 
the  school  has  been  taught. 

(6)  To  find  the  average  daily  attendance,  divide  the  total  attendance  in 
days  by  the  number  of  days  the  school  has  been  taught. 

(c)  To  find  the  average  cost  of  tuition  for  each  pupil  per  month,  divide 
the  amount  paid  the  teacher  per  month  by  the  average  daily  attendance  for 
the  term. 

The  above  form  may  also  serve  for  a  monthly  report  to  the  county  super- 
intendent, in  case  he  requests  it. 


NUMBER  25. 
Form  of  Teacher's  Certificate. 

[Sections  1766, 1767.] 
TEACHER'S CLASS  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

county.  Iowa, 

188.. 


This  certifies  that has  passed  an  examination, 

as  required  by  law,  with  the  results  hereto  appended,  and  that 

possesses  a  good  moral  character,  aptness  to  teach  and  ability  to  govern. 

I  hereby  authorize, to  teach  in  the  public  schools  of 

county  for  a  period  of months  from  the  date  of  this  certifi- 
cate. 

Per  cent.  Per  cent. 

Orthography U.  S.  History •... 

Reading Effects  of  stimulants,  etc 

Writing Theory  of  teaching 

Arithmetic Practice  of  teaching 

Geography 

Grammar 

Physiology 

No , 

County  Superintendent. 

NOTE. — This  certificate  is  valid  only  in  the  county  where  granted. 


126 


FORMS. 


NUMBER  26. 

• 

Form  for  Monthly  Report  of  Institute  Fund. 

[Section  1769.] 
MONTHLY  REPORT  OF  INSTITUTE  FUND. 

Received  from  examination  fees,  for  the  month  of ,  and 

paid  to  the  treasurer  of county,  Iowa,  as  required  by 

Chapter  57,  Laws  of  1874,  as  amended  by  Chapter  54,  Laws  of  1878. 


NAME  OF  APPLICANT. 

AMOUNT 
RECEIVED. 

NAME  OF  APPLICANT. 

AMOUNT 
RECEIVED. 

1 

2 
3 

4 

5 
6 

7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 

$ 

87 

$ 

'?K 

29 

• 

30 

31 

3-1 

33 

tt4 

35 

rK> 

37 

3S 

30 

40 

41 

4'^ 

43 

41 

45 

46 

17 

IS 

49 

50 

51 

52 

Total  





I  certify  that  that  the  above  report  is  correct. 
,  Iowa.  


1,  188.. 


County  Superintendent. 


NOTES.— (a)  The  monthly  report  and  payment  of  institute  fund  required 
by  section  1769  should  be  made  on  the  first  day  of  each  month. 

(6)  By  section  1769,  one  dollar  must  be  paid  by  every  applicant  for  a  cer- 
tificate. 


BLANK  FORMS. 


127 


NUMBER  27. 

Form  for  Receipt  of  Institute  Fund. 
[Section  1769.] 

$ 

RECEIVED  OF ,  superintendent 

of  schools county,  Iowa, , dollars 

institute  fund. 

,  Iowa.  , 

1,188..  County  Ireasurer. 


NUMBER  28. 

Form  of  Application  for  Teachers'  Normal  Institute. 
[Section  1769,  also  1584,  Code.] 

OFFICE  OF  COUNTY  SUPERINTENDENT,       ) 
county, 188..  j 

lo  the  Superintendent  of  Public  Instruction: 

From  satisfactory  evidence  on  file  in  this  office,  I  hereby  certify  that  not 

less  than  twenty  teachers  desire  to  assemble  at , 

county,  Iowa,  on  the day  of , 

188. ..  for  the  purpose  of  holding  a  teachers'  normal  institute,  to  remain  in 
session  for  a  period  of weeks. 

I  shall  act  as  director,  and  have  appointed,  subject  to  your  approval, .... 

conductor, 

and , , ,  assistants 

and  hereby  request  your  concurrence  in  said  appointments. 


County  Superintendent. 


128 


BLANK  FORMS. 


NUMBER  29. 

t 

Form  for  Report  of  Registration  Fees,  Institute  Fund. 

[Section  1769.] 
EEPORT  OF  INSTITUTE  FUND. 

Received  from  registration  fees  of  normal  institute,  held  at , 

commencing ,  188. . ,  for  a  period  of weeks, 

and  paid  to  the  treasurer  of county,  Iowa,  as  required 

by  Chapter  57,  Laws  of  1874. 


NAME  OF  TEACHER. 

AMOUNT 
RECEIVED. 

NAME  OF  TEACHER. 

AMOUNT 
RECEIVED. 

1 

2 
3 
4 
5 
6 
7 
8 
9 
10 

11 

12 
13 
14 
15 

16 
17 
18 
J9 
20 
21 
22 
28 
24 
25 
26 

$ 

97 

$ 

98 

99 

30 

SI 

3? 

33 

34 

3o 

••w 

37 

38 

39 

10 

41 

T> 

43 

M 

4-r> 

46 

17 

48 

49 

50 

51 

State  appropriation 
Total  .  . 

».., 



I  hereby  certify  that  the  above  report  is  correct. 


County  Superintendent. 


,  Iowa, 

,,188.. 


BLANK  FORMS. 


NUMBER  30. 

Form  of  Order  on  Institute  Fund. 
[Section  1769  ] 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

$ county, ,  188.. 

To i  Treasurer  of county: 

Pay  to ,  or  order, dollars  out  of 

the  institute  fund,  for ,  as  per  bill  No 

approved  this  day,  as  required  by  law,  and  on  file  in  my  office. 

No , 

County  Superintendent. 

NOTE.— The  county  superintendent  must  pay  to  the  county  treasurer  all 
moneys  received  for  the  institute  fund,  including  the  warrant  for  the  state 
appropriation.  He  should  not  issue  warrants  for  a  greater  amount  than  the 
funds  in  the  hands  of  the  county  treasurer  will  pay  off  and  satisfy. 


NUMBEE  31. 

Form  for  Eeport  of  I  eachers'  Normal  Institute. 
[Section  1769.] 

Report  of  Teachers'  Normal  Institute  held  at , 

county,  commencing  on  the day  of 

,  188. . ,  and  continuing weeks. 


INSTRUCTORS    AND    LECTURERS. 


TEACHERS. 

LECTURERS. 

Conductor. 

.Instructor. 

it 

it 

it 

130 


BLANK  FOKMS. 
ATTENDANCE. 


t 

MALES. 

FEMALES. 

TOTAL. 

Total  average  attendance  

::::.::::::: 

DR. 


INSTITUTE  FUND. 


CR. 


On  hand  at  date  of  last  insti- 
tute report  '. 

f 

INSTRUCTORS 
AND  LECTURERS. 

0 

$... 

.  • 

Examination  fees  received  and 

Registration  fees  received  and 
paid  to  county  treasurer.  .  . 

•s  :::::::.:::*:::::::::: 

State  appropriation  received 
and  paid  to  county  treasurer 
County  appropriation  received 
and  paid  to  county  treasurer 

00 

2    "  

-d     

s 

1 

Orders   issued    for    incidental 
expenses  

Unexpended  

Total  

$TT 

— 

Total  

$... 

I  hereby  certify  that  the  above  report  is  correct, 


County  Superintendent. 

NOTE.— The  report  of  the  institute  fund  should  show  the  total  receipts 
and  expenditures  since  the  date  of  the  last  institute  report.  The  debit  col- 
umn should  contain  the  amount  on  hand  as  shown  by  the  last  institute  re- 
port, plus  all  subsequent  receipts.  The  credit  column  should  contain  the 
total  amount  expended  since  date  of  last  report,  plus  amount  on  hand  at 
date  of  present  report. 

The  examination  fees  must  be  equal  to  as  many  dollars  as  there  are  appli- 
cants for  certificates. 

The  registration  fees  must  equal  the  whole  number  enrolled. 

Give  the  total  incidental  expenses,  making  but  one  entry. 

The  totals  in  the  debit  and  credit  columns  should  in  all  cases  be  equal. 

A  duplicate  of  this  report  will  be  required  as  part  of  the  annual  report  of 
the  county  superintendent;  it  is,  therefore,  necessary  that  county  superin- 
tendents preserve  the  items  to  make  this  report. 


BL^NK  FORMS. 


NUMBER  32. 

Form  for  Bevocation  of  Teacher's  Certificate. 
[Section  1771.] 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

county, ,  188. . 

To  the  Boards  of  School  Directors  in  the  county  of ,  and 

State  of  Iowa: 

WHEREAS,  On  the day  of ,  188..,  a  certificate 

was  issued  authorizing to  teach  in  the  public 

schools  of  this  county;  and, 

WHEREAS,  Upon  due  examination,  of  which  the  said 

received  personal  notice,  and  was  permitted  to  be  present  and  make 

defense,  it  appeared  that  the  said in  consequence  of 

(here  state  the  offense — gross  immorality,  for  example),  is  unworthy  longer  to 
retain  the  same. 

Now,  therefore,  in  pursuance  of  the  provisions  of  section  1771,  of  the 
school  laws  of  the  state  of  Iowa,  the  said  certificate  is  hereby  revoked,  to 
take  effect  from  and  after  the  date  hereof. 


County  Superintendent. 

NOTE.— A  copy  of  the  above  revocation  should  be  transmitted  to  the  sec- 
retary of  feach  district,  and  the  secretary  should  immediately  notify  each 
subdirector  in  his  district  of  the  fact.  The  teacher  should  also  be  served 
with  a  copy. 


NUMBER  33. 

Form  for  Certificate  to  the  Board  of  Supervisors  of  the  lax  Determined  by  the 

Board  of  Directors. 

[Section  1777.] 

183.. 


To  the  Board  of  Supervisors  of county: 

I  hereby  certify  that  a  tax  of dollars  was  this  day  deter- 
mined by  the  board  of  directors  of  the  district  township  of , 

in  the  county  of ,  and  state  of  Iowa,  for  the  contingent 

fund,  and dollars  for  the  teachers'  fund,  as  provided 

in  section  1777  of  the  Code. 


Secretary. 


132  BLANK  FORMS. 


NUMBER  34. 

Form  of  Certificate  to  the  Board  of  Supervisors  of  lax  Voted  by  the  District 

Township. 

[Sections  1777,  1778.] 

.,188.. 


To  the  Board  of  Supervisors  of. county,  Iowa: 

I  hereby  certify  that  at  a  meeting  of  the  electors  of  the  district  township 

of ,  in  the  county  of ,  and  state  of  Iowa, 

held  on  the  second  Monday  in  March,  188. .,  a  tax  of dollars  was 

voted  for  school-house  purposes;  and  that  this  tax  has  been  apportioned  by 
the  board  of  directors  among  the  subdistricts  as  follows: 

Upon  subdistrict  No.  1, dollars. 

Upon  subdistrict  No.  2, , dollars. 

Upon  subdistrict  No.  3, dollars. 

Upon  subdistrict  No.  4, dollars. 

Upon  subdistrict  No.  5, dollars. 


Secretary. 

NOTE. — All  school-house  taxes  voted  by  the  district  township  electors, 
must  be  apportioned  among  the  subdistricts.    Section  1778. 


NUMBER  35. 

Form  for  Certificate  of  Tax  Voted  by  a  Subdistrict,  and  not  Granted  by  the 
District  Township  Electors. 

[Section  1778.] 

I  hereby  certify  that  the  electors  of  subdistrict  No.  in  the  district 

township  of ,  at  the  last  annual  meeting,  voted  to  raise 

the  sum  of dollars,  for  school-house  purposes,  more  than  was 

granted  by  the  electors  of  said  district  township. 


Secretary. 


NOTES. — The  subdistrict  electors  may  vote  a  tax  for  school-house  purposes 
and  certify  the  same  to  the  district  township  meeting.  Form  5.  Whatever 
portion  of  this  sum  the  township  electors  neglect  or  refuse  to  grant,  must 
be  certified  to  the  board  of  supervisors  to  be  levied  directly  uponjthe  sub- 
district  making  the  request.  Section  1778. 


BLANK  FORMS.  ^33 


NUMBER  36. 

Form  for  Notice  from  the  County  Auditor  of  the  Amount  of  Semi-annual  Ap- 
portionment. 

[Section  1782.] 

OFFICE  OF  COUNTY  AUDITOR, 

county, ,  188. . 

2o 

President  of  the  District  Township  of. , 

Sir:— You  are  hereby  notified  that  according  to  the  semi-annual  appor- 
tionment made  this  day,  as  provided  by  section  1781,  Code,  the  sum  of 

dollars  is  due  the  district  township  of ,  in  the  county 

of ,  and  state  of  Iowa,  for  which  I  hand  you  here- 
with my  warrant  on  the  county  treasurer. 


County  Auditor. 

NOTE.— This  warrant  must  be  signed  by  the  president  and  countersigned 
by  the  secretary  of  the  board,  to  authorize  payment  of  the  amount  named 
therein  upon  presentation  by  the  district  treasurer. 


NUMBER  37. 

Form  of  Certificate  of  Election  of  County  Superintendent. 
[Section  1783.] 

OFFICE  OF  THE  COUNTY  AUDITOR, 

...county, ,188.. 

I  hereby  certify  that was  elected  to  the  office  of 

county  superintendent,  for  the  term  commencing  January ,  188. . 

His  post-office  address  is ,  Iowa. 


County  Auditor. 

NOTE. — This  certificate  should  be  forwarded  to  the  superintendent  of  pub- 
lic instruction  immediately  after  the  result  of  the  election  is  officially  deter- 
mined. 


134  BLANK  FORMS. 


NUMBER  38. 

Form  for  Certificate  of  Qualification  of  County  Superintendent. 
[Section  1783.] 

OFFICE  OF  COUNTY  AUDITOR, 

county, ,  188. . 

I  hereby  certify  that has  duly  qualified  for  the 

office  of  county  superintendent,  as  required  by  sections  675  and  678,  Code,  for 

the  term  commencing  January ,  188. . 

His  post-office  address  is ,  Iowa. 


County  Auditor. 

i       ' i 

NOTE.— This  certificate  should  be  forwarded  to  the  superintendent  of  pub- 
lic instruction  as  soon  as  the  qualification  and  bond  is  filed  in  the  office  of 
the  county  auditor,  after  such  bond  has  been  approved  by  the  board  of 
supervisors. 


NUMBER  39. 

Form  for  Notice  from  County  Ireasurer  of  School  lax  Collected. 
[Section  1785  ] 

OFFICE  OF  COUNTY  TREASURER, 

county, ,  188. . 

lo ,  President  of  the  Board  of  Directors  of  the 

District  lownship  of. : 

You  are  hereby  notified  that  the  amount  now  collected  and  due  the  dis- 
trict township  of ,  in county, 

Iowa,  is: 

$ school-house  fund. 

$ contingent  fund. 

$ teachers'  fund. 


County  Ireasurer. 

NOTE  .—It  is  the  duty  of  the  county  treasurer  to  notify  the  president  of  the 

bo&rd  of  each  district,  quarterly,  of  the  amount  collected  for  each  school 
fund  and  pay  it  to  the  district  treasurers  on  the  warrant  of  the  presidents  > 

countersigned  by  the  secretaries. 


BLANK  FORMS. 


135 


On  the  first  Monday  in  April  of  each  year,  the  county  treasurer  also  ren- 
ders a  statement  of  the  amount  of  taxes  uncollected  in  each  district  town- 
ship. Section  1784. 

The  treasurer  is  required  to  pay  over  the  amount  of  each  fund  collected, 
monthly,  to  independent  districts,  on  the  order  of  the  board. 


NUMBER  40. 
Form  of  Notice  Permitting  the  Attendance  of  Pupils  from  Adjoining  Districts. 

[Section  1793.] 
2b  ..............  .....................  ,  Secretary  of  the  Board  of  Directors  of  ih<e 


District  Township  of. 


Notice  is  hereby  given  that  ........  ...................................... 

and  ..............................  ,  pupils  residing  in  the  district  township  of 

.......  .  ....................  ,  have  been  granted  permission  by  the  board  and 

county  superintendent  to  attend  school  in  subdistrict  No  .......  ,  in  the  dis- 

trict township  of  ..............................  ,  commencing  on  the  ........ 

day  of  ....................  ,  188..,  for  a  term  of  ............  months. 

Dated  at  ...................  ............  , 

............................  188..  ............................. 

President. 


Secretary. 

NOTE.— By  section  1793,  when  boards  cannot  agree  on  the  attendance  of 
scholars  in  adjoining  districts,  they  may  attend,  if  the  other  conditions  of 
the  law  are  fulfilled,  by  permission  of  the  board  where  they  wish  to  attend, 
and  the  consent  of  the  county  superintendent  of  the  county  where  they  re- 
side, but  tuition  can  be  collected  only  from  date  of  the  official  notice. 


NUMBER  41. 

Form  of  Application  for  Appointment  of  Appraisers  of  School-house  Site. 

[Section  1827.] 

Io ,  Superintendent  of. county,  Iowa: 

In  accordance  with  the  action  of  the  board  of  directors  of  the  district  town- 
ship of ,  you  are  hereby  requested  to  appoint 

three  disinterested  persons  to  inspect,  and  assess  the  damages  which  the 


BLANK  FORMS. 

owner  will  sustain  by  appropriating  for  school  purposes,  the  following  de- 
scribed real  estate,  viz  :    


Dated  at , 

,188.. 


President. 
Secretary. 


NUMBER  42. 

Form  for  Appointment  of  Appraisers  of  Site  for'  School-house. 
[Section  1827.] 

To ., and : 

You  are  hereby  appointed  and  constituted  a  board  of  appraisers,  under 
the  provisions  of  section  1827  of  the  Code  of  Iowa,  to  assess  the  damages 
which  the  owner  will  sustain  by  the  appropriation  for  school  purposes,  of 
the  following  described  real  estate,  viz  :  


in  subdistrict  No ,  of  the  district  township  of , 

in  the  county  of ,  and  state  of  Iowa,  contain- 
ing one  acre  of  land. 

You  will  therefore,  on  the day  of ,  188. . , 

at o'clock — M.,  proceed  to  examine  the  real  estate  above  described, 

and  assess,  under  oath,  the  cash  damages  which  the  owner  will  sustain  by 
the  appropriation  of  said  land  for  school  purposes,  and  immediately  there- 
after report  to  me  in  writing  the  amount  of  said  damages. 

Dated  at , 

,188..  , 

County  Superintendent. 

Oath  of  Appraisers. 

We, — ,  and , 

do  solemnly  swear  that  we  will  well  and  truly,  and  to  the  best  of  our  ability 
perform  all  of  the  duties  imposed  upon  us  by  the  foregoing  commission. 


BLANK  FOKMS. 


Subscribed  and  sworn  to  before  me  by 

and ,  this day  of ,188 


NOTE.— Sufficient  time  must  be  allowed  between  the  appointment-of  Jthis 
commission  and  the  time  set  for  appraising  the  damages  to  give  the  owner 
legal  notice  thereof.  See  note  (a)  to  section  1827. 


NUMBER  43. 

Form  of  Notice  to  Owner  of  Heal  Estate  of  Appointment  of  Appraisers. 

[Section  1827.  j 
To ..,    , county,  Iowa: 

You  are  hereby  notified  that  I  have  this  day  appointed  appraisers  to  assess 
the  damages  which  the  owner  will  sustain  by  the  appropriation  for  school 
purposes,  of  the  following  described  real  estate,  viz. :  


Said  appraisers  will  meet  at  the  above  described  real  estate,  on  the  ....  day 

of ,  188. . ,  at o'clock  . .  M.,  and  assess  said  damages  as 

provided  by  section  1827  of  the  Code  of  Iowa. 

Dated  at , 

,  188.. 


County  Superintendent. 


18 


138  BLANK  FORMS. 


NUMBER  44. 

Form  for  Report  of  Appraisement  of  Property  for  School  Purposes. 
[Section  1827.] 

To  — ,  Superintendent  of county,  Iowa: 

We,  the  undersigned,  having  been  appointed  to  appraise  the  damages 
which  the  owner  will  sustain  by  the  appropriation,  for  school  purposes,  of 
the  following  described  real  estate,  viz.:  


do  hereby  report  that  we  have  on  this day  of ,  188.  , 

carefully  examined  said  described  real  estate,  and  have  appraised  the  dam- 
ages at dollars. 

Dated  at , 

,188.. 

>  Appraisers. 


NUMBER  45. 

Form  of  Notice  of  Assessment  of  Damages. 
[Section  1827.] 

To county,  Iowa: 

You  are  hereby  notified  that  appraisers  were  appointed  to  assess  the  dam- 
ages which  the  owner  would  sustain  by  the  appropriation  for  school  pur- 
poses, of  the  following  described  real  estate,  viz. :  


and  that  said  appraisers  met  at  said  premises  on  the  ....  day  of , 

188. . ,  and  assessed  said  damages  at dollars,  as  shown  by  their 

report  on  file  in  my  office. 

Dated  at , 

,188.. 


County  Superintendent. 


BLANK  FORMS. 


NUMBER  46. 

Form  of  Affidavit  of  Appeal. 

[Section  1830.J 


STATE  OF  IOWA, 

county. 


v. 

DISTRICT  TOWNSHIP  OF 


I, ,  being  duly  sworn,  on  oath,  say:  that  on 

the day  of ,  A.  D.  188. .,  the  board  of  directors  of 

said  district  township  rendered  a  decision  (or  made  an  order)  whereby  (here, 
state  facts  showing  affianVs  interest  in  the  decision,  and  the  injury  to  that  interest); 
that  said  board  in  rendering  the  decision  (or  making  the  order)  aforesaid, 
committed  errors  as  follows:  (Here  state  the  errors  charged.) 


Subscribed  and  sworn  to  by ,  before  me,  this 

day  of ,  A.  D.  188 — 


NUMBER  47. 

Form  for  Notice  of  Appeal. 
[Section  1832.] 


STATE  OF  IOWA, 
county. 


v. 
DISTRICT  TOWNSHIP  OF 


To.. , 

Secretary  of  the  Board  of  Directors  of  the  District  lownship  of. : 

You  are  hereby  notified  that has  filed  in  my  office 

an  affidavit  alleging  that  said  board  of  directors,  on  the day  of , 

A.  D.  388. .,  made  a  decision  (or  an  order)  whereby  (here  describe  the  decision  or 
order  so  that  the  secretary  may  identify  it),  and  claiming  an  appeal  therefrom. 
You  are  therefore  required  within  ten  days  after  receiving  this  notice,  to 
file  in  my  office  at ,  in  said  county,  a  complete 


140  BLANK  FORMS. 

transcript  of  the  record  of  the  proceedings  of  the  beard  relating  to  said 
order,  together  with  copies  of  all  papers  filed  with  you  pertaining  to  said 
action  appealed  from. 
Dated  at , 

.,  188.. 


County  Superintendent. 


NUMBER  48. 

Form  of  Certificate  to  District  Secretary's  Iranscript. 
[Section  J832.J 

I, ,  secretary  of  the  board  of  directors  of  the 

district  township  of ,  in  the  county  of , 

Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript 
of  the  record  of  all  proceedings  of  the  board  and  of  all  papers  filed  relating 
to  the  case v 

Dated  at. , 

.,188.. 


Secretary. 

NOTE. — The  secretary's  transcript  will  contain: 

1.  A  copy  of  all  that  portion  of  the  records  of  the  proceedings  of  the 
meeting,  relating  to  the  action  appealed  from,  with  the  date  of  the  meeting. 

2.  A  copy  of  each  petition,  remonstrance,  plat,  or  other  paper  relating  to 
said  action,  submitted  to  the  board;  to  which  will  be  annexed  the  above 
certificate. 


NUMBER  49. 

Form  for  Notice  of  Hearing  of  Appeal. 
[Section  1833.] 


STATE  OF  IOWA, 
county. 


v. 
DISTRICT  TOWNSHIP  OF 


To.... : 

You  are  hereby  notified  that  there  is  file  in  this  office  a  transcript  of  the 


BLANK  FORMS. 

proceedings  of  the  board  of  directors  of  the  district  township  of 

,  at  a  meeting  held  on  the day  of , 

188..,  in  relation  to  (here  describe  the  decision  or  order  appealed  from),  from 
which  appeal  has  been  taken;  and  that  the  said  appeal  will  be  heard  before 

me  at ,  in  said  county,  on  the day  of 

,188..,  at o'clock M. 

Dated  at , 

,188.. 

I 
» 

County  Superintendent. 

NOTE.— The  appellant,  the  president  and  secretary  of  the  board,  and  other 
parties  known  to  be  interested,  should  receive  a  copy  of  this  notice. 


NUMBER  50. 

Form  of  Certificate  to  County  Superintendent's  Transcript. 
[Sections  1832, 1835.J 

I, ,  superintendent  of 

county,  Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete 
transcript  of  the  records  of  all  proceedings  had,  evidence  given,  and  papers 
filed  in  my  office,  and  my  rulings  thereon;  also  of  my  decision  in  the  case 
v * 

Dated  at , 

,,  188.. 


County  Superintendent. 

NOTES,  (a)  The  date  of  filing  every  paper  should  be  indorsed  thereon; 
also  in  the  case  of  motions,  orders  and  rulings  of  the  county  superintendent. 
All  oral  motions  and  evidence  should  be  reduced  to  writing. 

(6)  The  transcript  of  the  county  superintendent  will  consist  of  a  literal 
copy  of  every  paper  filed  and  all  indorsements  thereon,  together  with  a  copy 
of  all  testimony  given;  the  whole  arranged  in  chronological  order  closing 
with  the  decision  of  the  county  superintendent  in  full,  with  the  above'cer- 
tificate  annexed.  See  notes  (c)  and  (d)  to  section  1834. 


ERRATUM. 


After  section  8,  to  chapter  167,  laws  of  1882,  as  printed  on  page 
95,  add  the  following: 

SEC.  9.  The  board  of  examiners  shall  keep  a  detailed  and  accurate 
account  of  all  moneys  received  and  expended  by]them,  which,  with  a 
list  of  the  names  of  persons  receiving  certificates  and  diplomas,  shall 
be  published  by  the  superintendent  of  public  instruction  in  his  an- 
nual report. 


INDEX. 


SEC.     PAGE. 

ACCOUNT3- 

District  treasurer  shall  keep 1747  35 

County  superintendent  should  keep 1769  47 

County  auditor  shall  keep 1781  54 

Secretary  shall  keep • 1782  55 

County  treasurer  shall  keep 1784  55 

APPARATUS- 

Board  of  regents  may  purchase 1597  8 

No  debts  shall  be  contracted  to  purchase 1729  26 

Unappropriated  contingent  fund  used  to  purchase 1729  26 

APPEA.LS- 

Who  may  take,  and  when  taken 1829  77 

Affidavit,  basis  of 1830  78 

Affidavit  shall  set  forth  errors , 1831  78 

County  superintendent  to  notify  secretary 1832  78 

Secretary  to  send  up  transcript 1832  78 

Interested  parties  to  be  notified 1833  79 

Testimony  heard  and  decision  rendered 1834  79 

To  the  superintendent  of  public  instruction 1835  80 

Judgment  for  money  not  to  be  rendered 1836  81 

Postage  paid  by  party  taking  appeal 1836  81 

BARBED  WIRE  (Chap.  103,  Laws  of  1884)— 

Shall  be  removed  from  school  grounds 1  96 

Shall  not  be  used  enclosing  school  grounds 2  96 

Penalty  for  failure  or  neglect  to  remove 3  96 

BIBLE- 

Shall  not  be  excluded  from  any  school t 1764  44 

No  pupil  required  to  read,  contrary  to  parent's  wishes 1764  44 

BLIND  PERSONS— 

Of  school  age,  reported  to  county  superintendent  annually . .  1745  34 

Must  be  reported  annually  to  Iowa  college  for  blind 1775  50 


144  INDEX. 

SBC.     PAGE. 

BOARD  OF  DIRECTORS- 

Continue  to  act  when  district  is  divided 1715  13 

Divide  assets  and  liabilities 1715  13 

Choose  arbitrators  in  case  of  disagreement 1715  13 

Call  special  meeting  of  electors,  when 1717i  16 

Consist  of  three  subdirectors,  when 1720  18 

Consist  of  subdirectors  of  the  several  subdistricts 1721  19 

Enter  upon  duties  at  regular  meeting  in  March 1721  19 

Organize  by  electing  president  from  own  number 1721  19 

President  simply  entitled  to  vote  as  a  member 1721  19 

Elect  secretary  and  treasurer  at  September  meeting 1721  19 

Secretary  and  treasurer  chosen  outside  the  board,  when 1721  19 

Secretary  and  treasurer  have  no  vote,  when 1721  19 

Hold  regular  meetings  in  March  and  September 1722  20 

Hold  special  meetings  on  call  of  president  or  request  of  board  1722  20 

Hold  meetings  at  any  place  in  civil  township 1722  20 

Shall  make  contracts  to  execute  vote  of  district 1723  20 

Must  consult  superintendent  before  erecting  school-house. . .  1723  20 

Proposals  and  contracts  must  be  advertised  for,  when 1723  20 

Require  bond  for  performance  of  contract 1723  20 

Choose  site  for  school- house 1724  22 

Determine  number  of  schools,  and  duration 1724  22 

Determine  where  pupils  shall  attend  school 1725  23 

Divide  districts  into  subdistricts  when  necessary 1725  23 

Create  no  district  for  less  than  fifteen  pupils  of  school  age. . .  1725  23 

May  rent  room  and  employ  teacher  for  ten  pupils 1725  23 

May  establish  graded  schools 1726  24 

May  select  superintendent  of  schools  of  district 1726  24 

One  or  more  schools  must  be  taught  in  each  subdistrict  ....  1727  25 

Required  to  provide  a  school  in  each  subdistrict 1727  25 

Must  provide  for  one  or  more  schools,  for  at  least  six  months  1727  25 

Released  from  obligation  by  counrj  superintendent 1727  25 

.Not  to  change  text-books  oftener  than  once  in  three  years. . .  17ii8  26 

Electors  may  authorize  board  to  change  text-books 1728  26 

May  use  unappropriated  contingent  fund  to  buy  apparatus. .  1729  26 

Shall  contract  no  debts  for  apparatus 1780  26 

May  appoint  temporary  president  and  secretary 1730  26 

Fill  vacancy  in  the  board  or  its  officers 1730  26 

Require  secretary  and  treasurer  to  give  bond 1731  27 

Bonds  to  be  filed  with  the  president 1731  27 

Examine  accounts  of  treasurer  and  settle  with  him 1732  27 

Present  statement  to  diitrict  township  meeting 1732  27 

Audit  and  allow  just  claims 1733  28 

Fix  compensation  of  secretary  and  treasurer 1733  28 

Draw  no  order  until  claim  is  audited  and  allowed 1733  28 

Visit  schools  of  their  district,  and  aid  teachers 1733  28 


INDEX.  145 

SEP.     PAGE. 

BOARD  OF  DIRECTORS— CONTINUED— 

Assist  in  enforcing  rules  and  regulations 1734  28 

Discharge  teacher  after  investigation 1734  28 

May  dismiss  or  suspend  pupils... 1735  28 

May  re-admit  pupils  after  suspension 1735"  -  29 

Require  secretary  to  certify  election  of  school  officers 173H  30 

Make  rules  to  govern  subdirectors \TM  30 

Majority  of  board  a  quorum 17.^7  30 

Certify  no  tax  after  third  Monday  in  May 1738  31 

Majority  vote  required  to  change  boundaries  of  subdistricts.  1738  31 

Members,  except  secretary  and  treasurer,  receive  no  pay 1738  31 

President  of  board,  duties  of 1 739  31 

President  shall  act  as  counsel  in  suits 1740  32 

Secretary  shall  act  as  counsel  in  suits,  when 1740  32 

Counsel  may  be  employed  by  board 1740  32 

Proceedings  of,  to  be  recoi  ded  by  secretary 1741  32 

Secretary  of  board  give  notice  of  district  township  meeting. .  1742  33 

Secretary  of  board  shall  keep  accurate  accounts 1743  33 

Audit  accounts  presented  by  secretary 1743  33 

Secretary  to  notify  superintendent  when  schools  begin 1744  34 

Secretary  must  report  to  superintendent  annually 1745  34 

Secretary's  report,  what  it  shall  consist  of 1745  34 

Penalty  for  failure  to  file  report 1746  35 

Treasurer  of,  shall  hold  all  moneys  belonging  to  district 1747  35 

Pay  funds  on  order  of  president,  countersigned  by  secretary.  1747  35 

Keep  account  of  moneys  received  and  paid  out 1747  35 

Keep  separate  account  with  each  fund. 1748  36 

Pay  no  order  which  does  not  specify  fund  and  object 1748  36 

Make  partial  payments  on  orders 1748  36 

Receive  money  apportioned  to  district 1749  36 

Receive  district  school  tax. 1749  36 

Register  orders  on  district  treasurer 1750  37 

May  require  statement  from  treasurer 1751  37 

Limit  subdirector  in  making  contracts 1753  38 

Responsible  for  township  on  contracts 1753  38 

Must  have  languages  taught,  when 1763  44 

County  superintendent  not  to  be  a  member  of 1765  45 

Estimate  amount  of  teachers'  and  contingent  funds 1777  51 

Apportion  school-house  tax 1778  52 

Satisfy  judgment  with  order 1787  56 

Must  qualify  on  or  before  third  Monday  in  March 1790  57 

Have  no  jurisdiction  over  independent  districts 1792  58 

May  admit  pupils  from  adjoining  districts 1793  58 

May,  with  consent  of  county  superintendent,  admit  pupils  . .  1793  58 

Notify  board  of  adjoining  district,  when 1793  58 

Fix  terms  of  tuition,  when 1794  60 

19 


146  INDEX. 

SEC.     PAGE. 

BOARD  OF  DIRECTORS-CONTINUED— 

Divide  district  into  subdistricts,  and  change  boundaries 1796  60 

Cause  description  of  subdistricts  to  be  recorded 1696  60 

May  consent  to  attach  territory  to  adjoining  township 1797  61 

May  restore  territory 1798  62 

Must  restore  territory,  when 1798  62 

Establish  boundaries  of  contemplated  independent  district. .  1801  63 

Give  notice  of  election  of  directors 1802  64 

May  concur  in  change  of  boundaries 1809  67 

Submit  question  of  consolidated  organization 1814  70 

Make  settlement  under  sections  1814-1819 1820  73 

Shall  deposit  amount  of  appraisement 1827  76 

Shall  pay  costs  of  appraisement 1827  76 

Provide  for  payment  of  bonds  (Chap.  132,  Laws  of  1878) 2  85 

Shall  cause  trees  to  be  set  out  (Chap.  23,  Laws  of  1882) 1  92 

May  insure  property  (Chap.  149,  Laws  of  1882)   1  93 

Must  have  effects  of  stimulants  taught  (Chap.  1,  Laws  of  1886)       2  97 

May  change  boundaries,  when  (Chap*  62,  Laws  of  1888) 1  100 

BOARD  OF  REGENTS— 

Governor  president  of 1587  8 

Superintendent  of  public  instruction  member  of 1587  8 

One  member  from  each  congressional  district 1587  8 

Departments  determined  by 1589  8 

May  confer  degrees 1589  8 

Make  laws  to  govern  university 1596  8 

Appoint  president  and  professors 1596  8 

Fix  salaries  and  tuition  fees 1596  8 

Remove  officer  when  required 1596  8 

Purchase  library,  apparatus,  etc 1597  8 

Report  to  superintendent  of  public  instruction 1601  9 

Report  of,  what  it  shall  contain 1601  9 

BONDS— 

R(  quired  for  performance  of  contract 1723  20 

Secretary  and  treasurer  to  give 1731  27 

Filed  with  president 1731  27 

Independent  district  may  issue,  for  erection  of  school-house.  1821  73 

Rate  of  interest  on. 1821  73 

Electors  to  vote  on  question  of  issue 1822  74 

Denomination  and  time 1822  74 

Treasurer  to  negotiate  at  par 1822  74 

Principal  and  interest,  how  paid 1823  74 

Trustees  of  county  high  school  must  give 1699  9 

Treasurer^of  county  high  school  give  additional 1704  11 

Treasurer'of  normal  school  must  give  (Chap.  129,  Laws  1876).       4  83 

Trustees  may  require  of  other  officers  (Chap.  129,  Laws  1876).       4  83 


INDEX. 

SEC.      PAGE. 


BON  DS— CONTINUED— 


Any  district  Issue  for  indebtedness  (Chap.  132,  Laws  of  Ih78) 
Form  of,  and  other  requirements  (Chap  132,  Laws  of  1878) . . 
Any  district  issue  for  indebtedness  (Chap  Sl^Lawsof  1880) 


Form  of,  and  other  requirements  (Chap.  51,  Laws  of  1880). . .       1 90 

Board  of  independent  district  refund  (Chap.  132,  Laws  of  1880) 


Rate  of  interest  and  other  conditions  (Chap  132,  Laws  of  1880) 


85 
85 
90 


91 
91 

Treasurer  to  sell  (Chap.  132,  Laws  of  1880) 2  91 

Time  to  run  (Chap.  132,  Laws  of  1880) 3  91 

Form  and  other  requirements  (Chap.  132,  Laws  of  1880) 4  91 

Provisions  for  paynent  (Chap.  132,  Laws  of  1880) 6  91 

BOUNDARIES— 

Of  subdistricts  may  be  changed 1796  60 

Plat  filed  with  county  officers 1796  60 

Of  independent  district  may  be  changed 1809  67 

Of  independent  districts,  changed 1814  70 

Of  independent  districts,  changed  (Chap  133,  Laws  of  1878. . )       1  86 

Of  independent  districts,  changed  (Chap.  62,  Laws  of  1888) . .        1  100 

BOARD  OF  SUPERVISORS— 

May  submit  question  of  establishing  county  high  school 1698  9 

Appoint  trustees  of  county  high  school 1699  9 

Fill  vacancies  in  trustees  of  county  high  school 1711  12 

Allow  compensation  of  trustees 1712  12 

Pay  tuition  of  children  in  poor-house  (Chap.  166,  Laws  of  1878)       1  88 

Levy  tax  to  pay  bonds,  when  (Chap.  132,  Laws  of  1880) 6  91 

County  superintendent  not  to  be  a  member  of 1765  45 

Provide  place  for  examination  of  teachers 1766  45 

May  appropriate  sum  for  normal  institute 1760  47 

May  grant  county  superintendent  additional  compensation..  1776  51 

Levy  taxes  for  school  funds 1777  51 

Levy  tax  on  subdistrict,  when ...  1778  52 

Levy  county  tax  of  from  one  to  three  mills 1779  53 

Limits  of  taxes  for  school  purposes 1780  54 

Levy  tax  to  pay  money  borrowed  from  school  fund 1788  57 

Shall  not  divide  school  district,  when 1799  62 

Levy  tax  for  independent  district  j  ust  organized 1804  65 

COMPENSATION- 

Of  secretary  and  treasurer 1733  28 

Members  of  board  may  not  have 1738  31 

Of  teachers    1757  41 

Of  county  superintendent 1776  51 

Of  appraisers  of  site .  .  1827  76 


INDEX. 

SEC.     PAGE. 

CONTRACTS— 

Board  to  make,  to  execute  vote  of  district ...  . . . , 1723  20 

Subdirector  to  make,  under  rules  and  restrictions 1753  33 

When  made  by  subdirector,  must  be  approved  by  president. .  1753  38 

Teachers',  must  be  in  writing 1757  41 

Secretary  or  subdirector  and  teacher  to  sign ]757  41 

Approved  by  and  filed  with  the  president 1757  41 

Copy  also  filed  with  secretary 1757  41 

COUNTY  AUDITOR— 

Superintendent  to  file  statement  with,  of  time  employed 1776  61 

Make  semi-annual  apportionment 1781  54 

Notify  presidents  of  apportionment;  issue  warrants  for  same  1782  55 

Certify  election  and  qualification  of  superintendent 17S3  55 

Forward  certificate  to  auditor  of  state 1783  55 

Deduct  cost  of  tuition  from  semi-annual  apportionment,  when  1793  58 

Record  plat  of  districts 1796  60 

COUNTY  HIGH  SCHOOLS- 

Object  of  establishing 1697  9 

County,  with  a  population  of  2,000  may  establish 1697  8 

Board  of  supervisors  shall  submit  question  of  establishing. .  1698  9 

Votes  for  or  against,  how  canvassed 1699  9 

Board  of  supervisors  appoint  trustees 1^99  9 

Bond  and  oath  of  trustees 1699  9 

County  superintendent,  member  of  board 1699  9 

When  and  how  trustees  are  elected 1700  10 

Terms  of  office  of  trustees 1700  10 

County  superintendent  president  of  board 1701  10 

Secretary  and  treasurer  appointed  from  board 1701  10 

Trustees  shall  make  estimate  of  funds  needed 1702  10 

Trustees  shall  present  estimate  to  board  of  supervisors  . 1702  10 

Tax  not  to  exceed  two  mills  and  five  mills 1702  10 

Tax  for,  how  levied  and  collected 1703  10 

Tax  to  be  paid  to  treasurer  of  county  high  schoo  1 1703  10 

Treasurer  to  give  additional  bond 1704  10 

Duties  of  treasurer 1704  10 

Secretary  and  treasurer  to  keep  accurate  account 1704  10 

Statement  to  be  made,  when 1704  11 

Board  to  select  site  for  high  school 1705  11 

Site  to  be  without  expense  to  county 1705  1 1 

Board  to  make  purchases,  contracts,  etc 1705  11 

Board  to  employ  teachers , . .  1706  11 

Board  to  provide  for  payment  of  salaries 1706  11 

Model  schools  to  be  encouraged 1706  11 

Tuition  free  to  residents  of  county , 1707  J 1 

Apportionment  of  pupils    .   1707  11 

Pupils  from  other  counties  may  be  admitted 1707  11 


INDEX. 

SEC.     PAGE. 

COUNTY  HIGH  SCHOOLS— CONTINUED— 

Refractory  pupils  may  be  expelled 1709  12 

Rules  and  regulations  for,  how  made 1709  12 

Trustees  to  make  annual  report  to  board  of  supervisors 1710  12 

Copy  of  report  sent  to  superintendent  of  public  instruction. .  1710 12 

Board  of  supervisors  may  fill  vacancies 1711  12 

Compensation  of  members  of  board  of  trustees 1712  12 

COUNTY  SUPERINTENDENT— 

Recommend  plans  for  school-houses 1723  20 

May  release  boards  from  obligation  to  have  schools  taught  . .  1727  25 

May  require  teacher  to  record  matters  designated 1734  28 

Notified  when  school  begins 1744  34 

Receive  annual  report  from  secretary 1745  34 

Receive  annual  report  from  treasurer 1751  37 

Grant  certificate  to  teach  foreign  languages ]  763  44 

Not  to  be  a  member  or  officer  of  board  of  directors. 1765  45 

Not  to  be  a  member  or  officer  of  board  of  supervisors 1765  45 

Examine  teachers  last  Saturday  of  each  month 1766  45 

Branches  in  which  examination  is  made,  specified 1766  45 

May  have  assistant  examiners 1766  45 

May  give  certificate  for  special  branches 1766  45 

Must  give  certificate  if  examination  is  satisfactory 1767  46 

Examinations  must  be  public 1768  46 

Keep  record  of  examinations 1768  46 

Hold  normal  institute  annually 1769  47 

With  concurrence  of  state  superintendent  procure  assistance  1769  47 

Require  registration  fee 1769  47 

Require  fee  from  every  applicant  for  certificate 1769  47 

Transmit  moneys  to  county  treasurer 1769  47 

Make  report  to  county  treasurer 1769  47 

Issue  orders  upon  institute  fund 1769  47 

May  appoint  deputy,  who  cannot  visit  schools  or  try  appeals.  1770  48 

May  revoke  certificate  of  teacher 1771  48 

Oive  personal  notice  of  investigation 1771  48 

Make  annual  report  to  superintendent  of  public  instruction.  1772  49 

Pile  statement  of  number  of  youth  with  county  auditor 1772  49 

Penalty  for  failure  to  file  report 1772  49 

Conform  to  instructions  of  superintendent  public  instruction  1774  49 

Visit  schools  on  request  of  board  of  directors 1774  49 

Report  the  blind,  and  deaf  and  dumb 1775  50 

Compensation  of 1776  51 

File  statement  of  time  employed 1776  51 

Attach  territory  to  another  township,  when 1797  61 

Appoint  appraisers  and  give  notice  to  owner  of  land 1827  76 

Notify  secretary  to  file  transcript 1832  78 

Notify  interested  parties 1833  79 


150  INDEX. 

SEC.     PAGE. 

COUNTY  SUPERINTENDENT— CONTINUED— 

Hear  testimony  ana  decide  appeal 3834  79 

Make  provisions  for  institutes 1584  7 

Member  of  board  of  trustees  county  high  school 1699  9 

President  board  of  trustees  county  high  school 1701  10 

Sex  not  a  bar  to  the  office  (Chap.  136,  Laws  of  1876) 1  85 

COUNTY  TREASURER— 

Disburse  institute  fund  on  order  of  superintendent 1769  47 

Pay  over  all  collected  taxes  on  first  Monday  in  April 1784  55 

Keep  separate  account  with  independent  districts  ...  1784  55 

Render  statement  of  uncollected  taxes 1784  55 

Pay  over  taxes  quarterly 1784  55 

Keep  school-house  taxes  separate  from  subdistrict,  when 1784  55 

Pay  taxes  collected,  to  independent  districts  monthly 1784  55 

Notify  presidents  quarterly,  of  tax  collected  for  each  fund  .  1785  56 

Pay  taxes  to  district  treasurers  on  warrants '  .  .  1785  56 

Pay  treasurer  of  county  high  school  taxes  collected 1703  10 

COUNSEL— 

When  president  of  board  of  directors  may  appear  as 1740  32 

When  president  interested,  secretary  acts  as 1740  32 

When  board  of  directors  shall  employ 1740  32 

DEAF  AND  DUMB  PERSONS— 

Of  school  age  reported  to  county  superintendent  annually...  1745  34 

Must  be  reported  annually  to  Iowa  institution 1775  50 

DECISION- 

Of  board  may  be  appealed  from 1829  77 

Of  county  superintendent  final  unless  appealed  from 1834  79 

Of  superintendent  of  public  instruction  final 1835  80 

DISTRICT  TOWNSHIPS- 

Each  civil  township  a  school  district 1713  13 

When  left  without  officers,  how  supplied 1714  13 

When  divided,  board  act  until  next  election 17.5  13 

Respective  boards  divide  assets J  715  13 

Arbitrators  chosen  in  case  of  disagreement 1715  13 

Division  of  assets  when  independent  districts  are  formed 17 1 5  13 

Corporate  name     1716  14 

Hold  annual  meeting ' 1717  15 

Dispose  of  property,  authorize  additional  branches 1717  15 

Obtain  highways 1717  15 

Transfer  of  school  house  fund  1717  15 

Hold  special  meeting  when  necessary 1717|      16 

Suit  to  be  brought  in  name  of 1731  27 

Claims  against,  audited  by  board 1733  28 

Bring  suit  if  secretary  fails  to  make  annual  report 1716  35 

Bring  suit  if  treasurer  fails  to  make  annual  leport 1751  37 


INDEX.  151 

SEC.     PAGE. 

DISTRICT  TOWNSHIPS-CONTINUED- 

Liable  for  tuition  in  certain  cases 1 793  58 

MLJ  be  consolidated  and  organized  as  independent  districts.  1814  70 

May  be  formed  from  independent  districts ...  1815  71 

DISTRICT  TOWNSHIPMEETING- 

Held  atanually  on  the  second  Monday  in  March 1717  15 

May  appoint  chairman  and  secretary 1717  15 

Direct  sale  of  district  property 1717  15 

Determine  additional  branches 1717  15 

Delegate  foregoing  powers 1717  15 

Vote  tax  for  school-houses,  sites,  and  libraries 1717  15 

Transfer  surplus  school-house  funds 1717  15 

Vote  of,  executed  by  board 1723  20 

May  authorize  board  to  change  text-books 1728  26 

Statement  to  be  presented  at,  by  board 1732  27 

Five  notices,  stating  hour,  posted  by  secretary 1742  33 

Copy  of  notice  furnished  to  teachers 1742  33 

May  vote  concerning  control  of  school-house 1753  38 

May  vote  that  foreign  languages  be  taught 1763  44 

Vote  tax  to  pay  judgment  and  other  liabilities 1787  66 

Not  to  organize  before  9  A.  M.  nor  adjourn  before  12  M 1789  57 

EDUCATIONAL  JOURNAL— 

State  superintendent  may  subscribe  for 1581  6 

ELECTION- 

Special  for  directors 1714  13 

For  subdirectors 1718  17 

To  form  new  city  or  town  district 1801  63 

For  directors ' 1808  67 

To  form  new  districts 1811  68 

For  voting  bonds 1822  74 

For  establishing  county  high  school 1698  9 

Of  trustees  for  county  high  school 1700  10 

EXAMINERS,-STATE  BOARD  OF  (Chap.  167,  Laws  of  1882). 

Of  whom  it  shall  consist 1  94 

When  and  where  meet 2  94 

Rules  and  records 2  94 

Power  of  board 3  94 

Branches  to  examine  candidates  upon ' 4  94 

Certificate  five  years,  diploma  for  life 5  95 

Certificate  or  diploma  may  be  revoked 6  95 

Certificate  or  diploma  must  be  registered 7  95 

Compensation  of  members  of  board 8  95 

Shall  keep  and  publish  accurate  account  annually 9  95 

FEE— 

Paid  by  every  one  attending  institute 1769  47 

Paid  by  every  applicant  for  certificate ]  769  47 


152  INDEX. 

SEC.     PAGE. 

FINES  AND  PENALTIES— 

Of  district  secretary,  for  failure  to  report 1746  35 

Of  district  treasurer  for  failure  to  report 1751  37 

Of  county  superintendent ,  for  failure  to  report 1773  49 

To  whom  they  shall  inure 17fc6  56 

Suit  brought  in  name  of  district,  when 1786  56 

Suit  brought  in  name  of  county,  when 1786  56 

Suit  brought  by  county  attorney,  when 1786  56 

Added  to  fund  next  used 1786  56 

For  misapplication  of  money 1791  58 

Of  directors,  for  failure  to  make  statement 1813  70 

FORMS— See  Index  to  Forms. 

FUNDS- 

School-house,  contingent,  and  teachers',  defined 1748  36 

Separate  account  with  each,  to  be  kept  by  treasurer .  1718  36 

Fund  and  object  must  be  specified  in  order 1748  36 

Teachers',  and  contingent,  amount  for,  estimated  by  board. .  1777  51 

Amount  levied  for  school- house  fund  not  to  exceed  ten  mills  1780  54 

Amount  for  contingent  fund,  not  to  exceed  $5  per  scholar. . .  1780  54 

Amount  of  teachers'  fund,  not  to  exceed  $15  per  scholar 1780  54 

$75  may  be  levied  for  contingent  fund,  for  each  subdistrict. .  1780  54 

$270  may  be  levied  for  teachers'  fund,  for  each  subdistrict. . .  1780  54 

Permanent,  interest  on,  apportioned 1781  54 

Secretary  to  keep  separate  account  with  each » 1782  55 

GENERAL  PROVISIONS- 

School  month  defined 1761  43 

Electors  may  vote  that  foreign  languages  be  taught 1763  44 

Schools  must  be  taught  in  English 1763  44 

Bible  not  to  be  excluded  from  schools 1764  44 

Pupils  not  required  to  read  Bible  contrary  to  wish  of  parents  1764  44 

HIGHWAYS— 

May  be  ordered  by  the  electors 1717  15 

INDEPENDENT  DISTRICTS— 

Left  without  officers,  trustees  call  election 1714  13 

Assets  and  liabilities  divided  when  boundaries  are  changed. .  1715  13 

Corporate  name  of 1716  14 

Majority  of  board,  and  president  may  dismiss  pupils 1735  29 

Tax  for,  county  treasurer  to  pay  over  monthly 1784  55 

Polls  remain  open  from  12  M.  to  7  p.  M.  ,  when 1789  57 

Polls  to  remain  open  from  9  A.  M.  to  4  p.  M  ,  when 1789  57 

City,  town  or  village  of  over  200  inhabitants  may  organize. . .  1800  63 

Directors  of  district  township  to  establish  boundaries 1801  63 

Electors  to  vote  for  or  against  separate  organization 1801  63 

Term  of  office  of  directors  determined  by  lot 1802  64 

Board  to  elect  president 1802  64 


INDEX.  153 

SEC.  PAGE. 

INDEPENDENT  DISTRICTS— CONTINUED- 

Board  to  elect  secretary  and  treasurer  in  September   . .  1802  64 

Board  to  consist  of  three  members  when 1802  64 

Treasurer  of  board  may  not  be  member 1802  64 

President  and  secretary,  judges  at  first  election 1803-  -65 

Organization  must  be  complete  before  August  1st 1804  65 

Taxes  levied  by  district  township  to  be  void,  when 1804  65 

Board  to  levy  taxes,  when 1804  65 

When  formed  from  two  or  more  townships,  who  give  notice.  1805  66 

Governed  by  laws  for  district  townships,  when  applicable. . .  U06  66 

Electors  may  vote  tax  for  erection  of  school  houses,  etc 1807  66 

Annual  meeting  of 1808  67 

Election  of  officers 1808  67 

Who  are  judges  of  election 1808  67 

Boundaries  between,  and  district  township,  changed  how. . . .  1809  67 

Abandoned,  with  concurrence  of  boards 18U9  67 

Board  to  set  off  territory  when 1810  68 

May  consolidate 1811  68 

May  be  formed  from  adjoining  counties 1811  68 

Territory  incorporated  town  part  of  (Chip.  118,  Laws  1882).        1  93 

Boundaries  changed,  boards  settle  (Chap.  118,  Laws  1882) . .        1  93 

School  in  two  counties  formed  into  independent  district  . . .  1812  69 

Board  make  statement  of  receipts  and  disbursements 1813  70 

Board  publish  statement,  when  ....'... 1813  70 

Board  post  statement,  when 1813  70 

Board  liable  to  penalty  for  failure  to  make  statement 1813  70 

District  township  may  become  independent 1814  70 

Independent  districts  may  be  constituted  district  township. .  1815  71 

Election  to  be  called 1816  71 

Independent  districts  become  subdistricts 1817  72 

Elect  subdirictors  on  first  Monday  in  March 1818  72 

Governed  by  laws  for  district  townships 1819  72 

New  board  to  make  settlement  of  assets  and  liabilities 1820  73 

May  borrow  money  by  issuing  bonds 1821  73 

Board  to  submit  question  of  issuing  bonds  to  electors 1822  74 

Board  to  issue  bonds  in  accordance  with  vote  of  electors 1822  74 

Bonds  signed  by  president  and  attested  by  secretary 1822  74 

Denomination  and  time  of  bonds 1822  74 

Board  vote  tax  to  pay  bonds  if  electors  neglect 1823  74 

Orders  draw  legal  interest  after  presentation 1824  75 

Board  may  provide  for  industrial  expositions  (Chap.  64, 1874)       1  82 

May  bond  to  fund  indebtedness  (Chap.  132,  Laws  of  1878).  . .        I  85 

May  subdivide,  or  have  territory  detached  (Chap.  133, 1878). .        1  86 


154  INDEX. 

SEC.  PAGE 

INDEPENDENT  DISTRICTS-CONTINUED— 

Of  15,000,  have  separate  polling  places  (Chap.  8,  Laws  of  1880)       1  88 

Questions  submitted  decided  by  ballot  (Chap  8,  Laws  of  1880)       2  88 

Register  of  electors  shall  be  prepared 3  89 

Notice  of  election,  how  given  (Chap  8,  Laws  of  1880) 4  89 

Board  of,  issue  bonds  to  fund  indebtedness  (Chap.  132, 1880).        1  91 

Levy  of  tax  for  payment  of  bonds  (Chap.  132,  Laws  of  1880). .       6  91 

May  be  formed,  when  (Chap.  62,  Laws  of  1888) 1  100 

INDUSTRIAL  EXPOSITIONS-(Chap.  64,  Laws  of  1874) 

Board  provide  for,  in  each  school,  if  deemed  expedient l  82 

Consist  of  what 2  82 

Pupils  to  explain  mode  of  manufacture  or  culture 3  82 

Parents  and  friends  may  attend 4  82 

Ornamental  work  encouraged 5  82 

When  and  where  held 6  82 

INSURANCE- 

All  districts  may  effect  (Chap.  149,  Laws  of  1882) 1  93 

N o  debts  shall  be  contracted  for  (Chap.  149,  Laws  of  18S2)  ..         1  93 

JUDGMENT- 

Against  district,  how  paid 17b7  56 

Bonds  issued  to  pay  indebtedness  (Chap.  132,  Laws  of  1878). .        1  85 

Bonds  issued  to  refund  indebtedness  (Chap.  51,  Laws  of  1880)       1  90 

Bonds  issued  to  fund  indebtedness  (Chap.  132,  Laws  of  1880).        1  91 

LANGUAGE— 

German,  or  other  foreign,  when  shall  be  taught 1763  44 

Teacher  of  foreign  must  have  certificate 1763  44 

Schools  must  be  taught  in  English 1763  44 

LAWS- 

Relative  to  schools  to  be  furnished 1579  5 

LIABILITIES- 

Boards  to  make  division  of 1715  13 

LIBRARY- 

Electors  may  vote  to  purchase 1717  16 

Electors  may  vote  to  buy  library  and  apparatus 1807  66 

Number  books  in,  reported 1583  6 

M  IPS- 
May  be  purchased  by  board 1729  26 


INDEX.  16g 

SEC.  PAGE. 

MISCELLANEOUS— 

Fines  and  penalties,  disposition  of 1786  56 

Judgment,  how  satisfied 1787  56 

District  township  meeting  vote  tax  to  pay  judgment 1787  56 

Money  borrowed  from  school  fund,  how  paid 1785-  _  57 

Meeting  not  to  organize  before  9  A.  M.  nor  adjourn  before  12  M.  1789  67 

Polls  remain  open  from  9  A.  M.  to  4  p.  M.  ,  wken 1789  57 

Polls  remain  open  from  12  M.  to  7  P.  M.  ,  when 1789  57 

Director,  or  director  elect  may  administer  official  oath 1790  57 

Penalty  for  misapplication  of  money 1791  58 

Township  board  no  control  over  independent  districts 1792  58 

Children  may  attend  school  in  adjoining  districts,  when 1793  58 

Board  to  fix  terms  of  attendance,  when 1794  60 

Pupils  may  attend  school  in  another  subdistrict 1795  60 

Board  may  divide  district  township  into  subdistricts . ,  1796  60 

Plat  showing  changes  in  boundaries  must  be  filed 1796  60 

Subdistrict  boundaries  conform  to  congressional  lines 1796  60 

Changes  in  boundaries  take  effect,  when 1796  60 

Superintendent  may  attach  territory  to  another  township. . .  1797  61 

Territory  may  be  restored,  how 1798  62 

Sehool  district  not  to  be  divided,  when 1799  62 

MONTH- 

Of  what  school  month  consists 1761  43 

NAME- 

Of  school  district 1716  14 

Shall  be  given  (Chap.  133,  Laws  of  1878) 4  86 

May  be  changed  (Chap  133,  Laws  of  1878)  4  86 

NORMAL  SCHOOL— See  State  Noimal  School 

ORDERS- 

When  drawn 1733  28 

How  drawn 1739  31 

Partial  payment  on 1748  38 

May  draw  interest,  when 1824  75 

PENALTIES— See  Fines  and  Penalties. 

PRESIDENT- 

Chosen  from  the  subdirectors 1721  19 

Call  special  meetings  of  board 1722  20 

Temporary,  may  be  appointed 1730  26 

Vacancy  in  office  of,  filled  by  board 1730  26 

To  file  bonds  of  secretary  and  treasurer 1731  27 

Bring  suit  on  bond  of  secretary  and  tr*  usurer,  when 1731  27 

Concur  with  majority  in  expelling  pup  Is 1735  29 

Preside  at  meetings  of  board  and  of  district  township 1739  31 

Draw  drafts  on  county  treasurer 1739  31 


156  INDEX. 

SBC.     PAGE. 

PBES  [DENT— CONTINUED— 

Sign  orders  on  district  treasurer 1739  31 

Sign  all  contracts  made  by  board 1739  31 

Appear  for  district  in  suits. 1740  32 

Secretary  appear,  when 1740  32 

Counsel  maybe  employed 1740  32 

Approve  contracts  of  subdirectors 1753  38 

Concur  with  subdirector  in  dismissing  pupil . .  1756  40 

Approve  and  file  teachers'  contracts 1757  41 

Sign  warrant  for  semi-annual  apportionment 1782  55 

Certify  to  account  for  tuition  filed  with  auditor 1793  58 

Sign  district  bonds 1822  74 

PUPILS- 

Attend  school  where,  determined  by  board 1725  23 

Fifteen,  required  for  creation  of  subdistrict 1725  23 

Teacher  may  be  employed  to  teach  ten 1725  23 

Legalageof 1727  2« 

Enumerated  by  subdirector 1755  40 

Dismissed  by  subdirector  and  president 1756  40 

May  be  re- admitted 1756  40 

Register  of  attendance,  when  kept  separate. . .  1759  42 

Not  required  to  read  Bible  contrary  to  wish  of  parent 1764  44 

Attend  school  in  an  adjoining  district,  when 1793  58 

Temporarily  sojourning,  may  attend  school,  on  what  terms. .  1794  60 

Board  to  fix  terms  of  attendance,  when 1794  60 

May  attend  school  in  another  subdistrict 1795  60 

RECORDS— 

Secretary  to  keep 1741  32 

REGISTER- 

Teacher  to  keep 1759  42 

REGULATIONS- 

For  control  of  school  and  teachers 1726  24 

For  government  of  subdirectors 1737  30 

REPORTS- 

Copies  of  to  be  preserved  by  secretary. 1741  32 

Secretary  to  make  annually 1745  34 

Treasurer  to  make  annually 1751  37 

Subdirector  to  make  to  secretary 1755  40 

Made  to  state  superintendent  by  county  superintendent 1772  49 

Of  blind,  and  deaf  and  dumb,  by  county  superintendent 1775  50 

Of  interest  on  permanent  school  fund 1783  55 

ROADS— See  Highways. 

r    frv,  •••-•.-•* 

SALE  OF  PROfERTY— 

May  be  directed  by  electors  of  district  township  . , 1717  15 

May  be  directed  by  electors  of  independent  districts 1807  66 


INDEX. 

SEC.     PAGE. 

SCHOLARS— See  Pupils. 

SCHOOL  LAWS— 

To  be  furnished  school  officers 1579  5 

To  be  given  to  successor 1791  58 

SCHOOL  MONTH— 

Consists  of  what 176?  ~  43 

SCHOOLS— 

Number  of,  determined  by  board 1724  22 

Duration  of,  beyond  legal  period 1724  22 

Graded,  may  be  established 1726  24 

One  or  more  taught  in  each  subdistrict 1727  25 

Durationof 1727  25 

Superintendent  may  allow  board  to  reduce  the  time 1727  25 

Visited  by  board  of  directors 1734  28 

Pupils  may  be  expelled  from 1735  29 

Subdirector  shall  visit  twice  during  each  term 1756  40 

Teacher  of,  must  have  certificate , 1758  42 

School  month  defined 1761  43 

Bible  not  to  be  excluded  from 1764  44 

Visited  by  county  superintendent 1774  49 

May  be  attended  by  pupils  from  adjoining  district,  when. . . .  1793  58 

SCHOOL  DISTRICTS— 

Each  civil  township  declared  a  school  district 1713  13 

When  without  officers,  how  supplied 1714  13 

If  divided,  board  of  directors  act  until  next  election 1715  13 

Assets  and  liabilities  to  be  equitably  divided 1715  13 

Disagreements  to  be  settled  by  arbitrators 1715  13 

Assets  divided  when  independent  district  is  formed 1715  13 

Every  school  district  is  a  body  corporate 1716  14 

When  school-house  is  destroyed,  what  to  do 1717i  16 

SCHOOL-HOUSES- 

Plans  for,  recommended  by  county  superintendent 1723  20 

Built  or  repaired  by  contract  if  cost  exceed  $300 1723  20 

Proposals  to  build,  invited  by  advertisement 1723  20 

Contracts  let  to  the  lowest  responsible  bidder 1723  20 

Site  of,  fixed  by  board 1724  22 

Contracts  for  repairs  made  by  subdirector 1753  38 

Under  control  of  subdirector  unless  otherwise  ordered 1753  38 

SCHOOL-HOUSE  SITES- 

Lawful  for  district  to  take 1825  75 

Not  to  exceed  one  acre  without  consent  of  owner 1825  75 

Must  be  on  highway 1826  75 

Not  within  forty  rods  of  residence,  if  owner  objects 1826  75 

County  superintendent  to  appoint  appraisers 1827  76 

County  superintendent  to  give  notice  to  owner 1827  76 

Appraisers  to  assess  damages  and  make  report 1827  76 


158 

SEC.     PAGB. 

SCHOOL-HOUSE  SITES-CONTINUED— 

Board  to  deposit  money  with  the  county  treasurer. . . ...  1827  76 

Either  party  may  appeal  to  district  court 1827  76 

Title  acquired  for  school  purposes  only 1828  77 

Growing  timber  shall  not  be  injured  or  removed .     1828  77 

SCHOOL  ORDERS- 

Not  drawn  until  claim  is  audited 1733  28 

Signed  by  the  president 1739  31 

Fund  and  object  must  be  specified  in 1739  31 

Secretary  to  countersign  and  register 1741  32 

Transcript  of,  must  be  furnished  to  treasurer 1741  32 

Mast  specify  fund  and  purpose 1748  36 

Treasurer  to  register 1760  37 

Given  to  satisfy  j  udgment 1787  66 

Draw  lawful  interest  after  presentation 1824  75 

SECRETARIES— 

Give  notice  of  subdistrict  election,  when 1718  17 

Draw  for  absent  member  in  case  of  a  tie 1719  17 

Elected  on  third  Monday  in  September 1721  19 

Qualify  and  enter  on  duty  within  ten  days 1721  19 

Chosen  from  township  at  large,  when 1721  19 

Have  no  vote  unless  member  of  board 1721  19 

Temporary,  may  be  appointed 1730  26 

Vacancy  in  office  of,  filled  by  board 1730  26 

Give  bond 1731  27 

Compensation  of,  fixed  by  board 1733  28 

Report  names  of  school  officers  to  county  officers 1736  30 

Appear  in  suits,  when 1740  32 

Record  all  proceedings  of  board 1741  32 

Preserve  copies  of  all  reports 1741  32 

File  all  official  papers ,...  1741  32 

Countersign  and  register  drafts  and  orders 1741  32 

Furnish  district  treasurer  with  transcript  of  orders 1741  32 

Post  five  notices  of  district  township  meeting 1742  33 

Notices  to  state  hour  of  meeting 1742  33 

Present  accounts  to  board  to  be  audited 1743  33 

Notify  superintendent  when  each  school  begins 1744  34 

Make  annual  report  to  county  superintendent 1745  34 

Penalty  for  failure  of,  to  report ., 1746  35 

Certify  amounts  for  school  funds 1777  51 

Countersign  warrants  for  semi-annual  apportionment 1782  55 

Debit  and  credit  treasurer 1782  65 

File  account  of  tuition,  when 1793  58 

Deliver  plat  to  county  treasurer  and  auditor 1796  60 

Record  order  of  county  superintendent  and  correct  plat,  when  1797  61 


INDEX  lgg 

SEC.  PAGE. 

SECRE  PARIES-CONTINUED— 

Chosen  outside  the  board,  when 1802  64 

Act  as  judge  of  annual  election 1808  67 

Draw  for  absent  member,  in  case  of  tie  vote 1808  67 

Post  notices  of  election 1811.  68 

Send  up  transcript 1832  78 

SEX-(Chap.  136,  Laws  of  1876.) 

Not  a  test  of  eligibility  to  school  offices 1  85 

No  person  deprived  of  school  office  by  reason  of  sex ,       2  85 

STATE  NORMAL  SCHOOL-(Chap.  129,  Laws  of  1876.) 

Object  and  location 1  83 

Controlled  by  board  of  directors 2  83 

Vacancy  in  board  filled  by  governor 2  83 

Officers  of  the  board,  and  compensation 3  83 

Officers  to  give  bond 4  84 

Teachers  employed  by  board 5  84 

Property  and  funds  controlled  by  board 5  84 

Rules  for  management  of  school  made 5  84 

Provide  for  admission  of  teachers 5  84 

Arrange  for  board  of  teachers 5  84 

Require  fee  for  contingent  expenses 5  Si 

Session  must  continue  twenty- six  weeks 5  84 

Board  may  charge  tuition  fee 5  84 

Report  made  each  year 9  142 

STATE  UNIVERSITY— 

Object  and  location  of 1585  7 

Course  of  study,  where  to  commence 1585  7 

Student  not  completed  elementary  branches  not  admitted..  1585  7 

No  religious  denomination  to  control 1586  7 

Governed  by  board  of  regents 1587  8 

Governor,  president  of  board 1587  8 

Superintendent  public  instruction,  member  of  board 1587  8 

Regent  elected  from  each  congressional  district 1587  8 

Departments  determined  by  board  of  regents 1589  8 

Include  collegiate,  scientific,  law,  and  other  departments 1589  8 

Board  of  regents  may  confer  degrees 1596  8 

Enact  laws  for  government  of  university ,  1596  8 

President,  professors  and  tutors,  how  appointed 1596  8 

Salaries  of  officers  determined  by  the  board 1596  8 

Tuition  fees  fixed  by  the  board 1596  8 

Officer  removed,  when  deemed  necessary 1596  8 

Library,  apparatus,  etc.,  purchased  by  board 1597  8 

All  specimens,  collected  by  state  geologist,  to  belong  to  state.  1598  8 

President  report  to  board  of  regents 1600  8 

Board  report  to  superintendent  of  public  instruction 1601  9 


160  INDEX. 

SEC.     PAGE. 

SUBDIRECTORS— 

Special  election  of 1714  13 

Elected  annually  first  Monday  in  March  in  each  subdistrict. .  1718  17 

Give  notice  of  subdistrict  election 1718  17 

One,  elected  from  the  district  at  large,  when 1720  18 

Vacancy  in  office  of,  filled  by  board .  1730  26 

Governed  by  rules  made  by  board 1737  30 

Take  oath 1752  38 

Office  vacant  in  case  of  failure  to  qualify 1752  38 

Make  contracts  under  restrictions  of  board 1753  38 

Have  control  of  school-house 1753  38 

Contracts  must  be  approved  by  president 1 753  38 

Take  enumeration  of  children 1754  40 

Make  annual  report  to  secretary 1755  40 

May  dismiss  pupils  with  concurrence  of  president 1756  40 

Shall  visit  schools  twice  during  each  term 1756  40 

Authorized  to  administer  official  oath 1790  57 

Qualify  on  or  before  third  Monday  in  March 1790  57 

When  superseded  deliver  up  books,  etc. 1791  58 

Penalty  for  misapplication  of  money,  etc 1791  58 

May  consent  that  pupils  attend  school  in  another  subdistrict.  1795  60 

Elected  for  new  subdistrict,  when 1796  60 

No  person  ineligible  by  reason  of  sex  (Chap.  136,  Laws  of  1876)       1  85 

SUBDISTRICTS- 

Embracing  whole  district  elect  three  subdirectors 1720  18 

If  but  two  subdistricts  in  township,  subdirectors  chosen,  how  1720  18 

Board  determine  number  of  schools  taught  in  each 1724  22 

One  or  more  schools  taught  in  each 1727  25 

Rule  of  taxation  on,  for  school- house  purposes 1 778  52 

Pupils  may  attend  in  another 1795  60 

Plat  of,  to  be  made 1796  60 

May  be  formed  from  independent  districts 1817  72 

Hold  meeting  to  elect  subdirector,  on  first  Monday  in  March.  1818  72 

SUBDISTRICT  BOUNDARIES- 

Vote  of  majority  of  board  required  to  change 1738  31 

Established  and  changed  by  board 1796  60 

Conform  to  congressional  lines 1796  60 

Changes  in,  to  take  effect  when 1797  61 

SUBDISTRICT  MEETING- 

Held  annually,  on  the  first  Monday  in  March 1718  17 

Five  days'  notice  of,  given  by  subdirector 1718  17 

Three  notices  stating  hour,  posted 1718  17 

Chairman  and  secretary  act  as  judges  of  election 1719  17 

Vote  decided  by  lot,  in  case  of  a  tie 1719  17 

Three  subdirectors  elected,  when 1720  18 


INDEX. 

SEC.     PAOE. 

SUBDISTBICT  MEETING— CONTINUED— 

One  subdirector  in  each  district,  and  one  at  large 1720  18 

Judges  of  election  canvass  votes  for  subdirector  at  large 1720  18 

Not  to  organize  before  9A.M.,  or  adjourn  before  12  M 1789  57 

Held  on  first  Monday  in  March 1818  72 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION- 

Approve  appointment  of  institute  instructors 1769  47 

May  entertain  appeals  from  county  superintendent 1835  80 

Give  thirty  days'  notice  to  county  superintendent 1835  80 

Like  notice  to  adverse  party 1835  80 

Decision  shall  be  final 1835  80 

Shall  not  render  judgment  for  money 1836  81 

Receive  no  additional  compensation  for  determining  appeals.  1836  81 

May  meet  county  superintendents  in  convention 1577  5 

Charged  with  supervision  of  schools  and  superintendents. . .    1577  5 

Attend  teachers'  institutes,  when  practicable 1677  5 

Determine  appeal  cases 1677  5 

Render  written  opinion  to  school  officers  when  asked 1577  5 

Have  office  at  seat  of  government 1678  5 

File  all  papers,  reports  and  documents 1578  5 

Keep  fair  record  of  matters  in  office 1578  5 

Publish  and  distribute  school  laws  and  amendments 1579  6 

Publish  and  distribute  other  necessary  forms 1579  6 

Subscribe  for  Educational  Journal 1581  6 

Furnish  copies  of  same  to  county  superintendents 1581  6 

Publish  decisions  in  Educational  Journal 1581  6 

Report  number  of  children  to  auditor  of  state 1582  6 

Report  to  governor  of  state 1583  6 

Have  report  printed  and  presented  to  general  assembly 1583  6 

Appoint  teachers' institutes 1584  7 

Transmit  appropriation  to  county  superintendent 1584  7 

Member  of  board  of  regents  of  state  university 1587  8 

Board  of  regents  shall  annually  report  to 1601  9 

Member  of  board  directors  state  normal  school 2  83 

TAXES- 

Board  not  to  certify  after  third  Monday  in  May 1738  31 

For  teachers'  and  contingent  funds  determined  by  board 1777  51 

Certified  by  secretary  to  board  of  supervisors 1777  51 

Board  of  supervisors  to  levy  for  school  funds 1777  51 

School-house,  to  be  apportioned 1778  52 

Excess  levied  upon  subdistrict,  when 1778  52 

Fifteen  mills  may  be  levied,  when 1778  52 

One  to  three  mills  county  tax  to  be  levied 1779  63 

Receivable  only  in  cash 1779  63 

Limits  of  for  school  purposes 1780  64 

21 


162  INDEX. 

SEC.     PACK. 

TAXES— CONTINUED— 

Paid  to  district  township  treasurer  quarterly 1784  55 

Paid  to  independent  districts  monthly 1784  55 

Presidents  of  boards  to  be  notified  of  tax  collected 1785  56 

Paid  to  district  treasurers  on  warrants 1785  56 

Levied  by  district  townships,  void,  when 1804  65 

All  taxes  determined  by  board  of  directors,  when 1804  65 

Determined  before  third  Monday  in  August,  when 1804  65 

Certified  before  first  Monday  in  September,  when 1804  65 

Board  of  supervisors  levy  for  independent  districts 1804  65 

Of  mills  voted,  when  (Chap.  67,  Laws  of  1874) 1  83 

Board  to  levy,  to  pay  judgment  (Chap.  132,  Laws  of  1878) 2  85 

TEACHERS— 

Keep  list  of  pupils  showing  attendance,  etc 1734  28 

May  be  discharged  by  board 1734  28 

Subdirector  or  secretary  makes  contracts  with 1757  41 

Contracts  must  be  in  writing 1757  41 

President  must  approve  and  file  contract 1757  41 

Not  to  be  employed  without  certificate 1758  42 

Keep  daily  register 1759  42 

Keep  separate  register  for  non-resident  pupils 1759  42 

File  certified  copy  of  register  with  secretary 1760  43 

Regular  examination  of,  last  Saturday  in  each  month 1766  45 

Satisfy  county  superintendent  regarding  moral  character —  1767  46 

Certificate  cannot  exceed  one  year 1767  46 

Examination  of,  to  be  public 1768  46 

Pay  fee  on  application  for  examination —  1769  47 

Pay  registration  fee 1769  47 

Certificate  of ,  may  be  revoked 1771  48 

Shall  have  personal  notice  of  charges  preferred 1771  48 

Of  county  high  school,  by  whom  selected 1706  11 

TEACHERS'  NORMAL  INSTITUTE— 

Shall  be  held  annually  in  each  county 1769  47 

.;     Aided  by  state  appropriation 1584  7 

TEXT-BOOKS— 

Board  may  adopt 1728  26 

May  be  changed  after  three  years 1728  26 

Electors  may  authorize  board  to  change  sooner 1728  -26 

TIE  VOTE— 

For  subdirector  determined  by  lot 1719  17 

For  director  determined  by  lot 1808  67 

TRANSCRIPT- 

Secretary  notified  to  send  on  appeal 1832  78 


INDEX.  163 

SEC.     PAGE. 

TREASURERS— 

Chosen  outside  of  the  board,  when 1721  19 

Have  no  vote  unless  member  of  board 1721  19 

Vacancy  in  office  of,  filled  by  board 1730  26 

Give  bonds 1781  27 

Accounts  of,  examined  by  board 1732  27 

Compensation  of,  fixed  by  board 1733  28 

Hold  all  moneys  belonging  to  district 1747  35 

Pay  funds  on  order  of  president;  countersigned  by  secretary.  1747  35 

Keep  account  of  moneys  received  and  paid  out 1747  85 

Keep  separate  account  with  each  fund 1748  36 

Pay  no  order  which  does  not  specify  fund  and  object 1743  36 

Make  partial  payments  on  orders 1748  56 

Receive  money  apportioned  to  district 1749  36 

Receive  district  school  tax 1749  36 

Register  orders 1750  37 

Render  statement  of  finances 1751  37 

Make  annual  report  to  board  of  directors 1751  37 

Make  annual  report  to  county  superintendent 1751  37 

Penalty  for  failure  to  report 1751  37 

Draw  semi-annual  apportionment  on  warrant . . . 1782  55 

Receive  moneys  for  district  township  quarterly 1784  55 

Receive  moneys  for  independent  district  monthly 1784  55- 

Chosen  outside  of  board,  in  all  independent  districts 1802  64 

Negotiate  bonds 1822  74 

Countersign  bonds  when  negotiated 1822  74 

Charged  with  bonds  delivered  to  him. 1822  74 

Of  county  high  school 1701  10 

Of  county  high  school,  duties  of 1701  11 

Of  state  normal  school  (Chap.  129,  Laws  of  1876) 3  83 

Of  state  normal  school,  duties  of  (Chap.  129,  Laws  of  1886). .       4  *83 

To  sell  bonds,  when  (Chap.  132,  Laws  of  1880) 2  91 

Keep  record  of  parties  buying  bonds  (Chap.  132,  Laws  of  1880)       3  91 

Charged  with  bonds  delivered  to  him  (Chap.  132,  Laws  of  1880)       5  91 

TREES— 

Number  and  condition  of,  reported  annually 1745  34 

Growing  and  standing,  shall  not  be  injured 1828  77 

Board  shall  cause  to  be  set  out  (Chap.  23,  Laws  of  1882). ...       1  92 

Superintendent  to  notify  boards  (Chap.  23,  Laws  of  1882)..       2  92 

TRUSTEES  OF  HIGH  SCHOOLS— 

Appointed  by  boards  of  supervisors 1699  9 

Qualification  of 1699  9 

Oath,  and  bond  of 1699  9 

County  superintendent  member  of  board  of 1699  9 

Divided  into  three  classes 1700  10 

Election  of 1700  10 


164  INDEX. 

,'i ..  SEC.     PAGE. 

TRUSTEES  OP  HIGH  SCHOOLS— CONTINUED— 

,:      Termsof  office 1700  10 

i       County  superintendent  president  of  board. 1701  10 

Secretary  and  treasurer  appointed  from  board 1701  10 

Estimate  of  funds  needed,  made  by 1702  10 

Shall  present  estimate  to  board  of  supervisors 1702       10 

May  require  treasurer  to  give  additional  bond 1704  11 

Shall  select  site  for  high  school 1705  11 

Make  purchases,  let  contracts,  etc 1705  11 

Employ  teachers,  pay  salaries 1706  11 

Make  rules  regarding  admission 1707  11 

Determine  tuition  of  pupils  from  other  counties 1 708  12 

Approve  of  rules  and  regulations  governing  schools 1709  12 

May  expel  refractory  pupils 1709  12 

Make  annual  rep  art  to  board  of  supervisors 1710  12 

Vacancies  filled  by  board  of  supervisors 1711  12 

Compensation  of  members 1712  12 

TUITION- 

Of  pupils  from  other  districts,  how  paid 1 793  58 

Of  non-residents,  fixed  by  board 1794  60 

At  county  high  school  free,  when  4707  11 

Of  scholars  from  other  counties  at  county  high  school 1708  12 

At  state  normal  school  (Chap.  129,  Laws  of  1876) 5  83 

VACANCY- 

,      Filled  by  special  election,  when 1714  13 

Filled  by  appointment,  when —  1730  26 

VISITATION  OF  SCHOOLS- 

By  board  of  directors 1734  28 

By  subdirector 1756  40 

,  By  county  superintendent 1774  49 


INDEX  TO   FOEMS. 


NO.  PAGE. 

Proceedings  of  district  township  meeting J 1  103 

Notice  for  annual  meeting  in  subdistricts 2  104 

Proceedings  of  annual  subdistrict  meeting 3  104 

Certificate  of  election  of  subdirector 4  105 

Certificate  of  tax  voted  by  subdistrict  meeting 5  106 

Proposals  for  the  erection  (or  repair)  of  school-houses 6  106 

Contract  for  building  school-houses 7  107 

Bond  for  performance  of  contract 8  108 

Certificate  of  appointment  of  school  officers 9  109 

Bond  of  secretary  or  treasurer 10  110 

Certificate  of  election  of  officers  of  the  board 11  111 

Draft  on  county  treasury 12  112 

Order  on  district  treasury 13  112 

Lease 14  113 

Deed 15  113 

Order  register  of  secretary  and  treasurer. 1<J  115 

Notice  of  district  township  meeting 17  116 

Report  of  secretary 18  117 

Treasurer's  account  with  teachers'  fund 19  119 

Report  of  treasurer 20  120 

Contract  between  subdirector  and  teacher 21  121 

List  heads  of  families  and  children,  kept  by  subdireotors 22  122 

Teacher's  daily  register  of  attendance 23  123 

Teacher's  term  report  to  district  secretary 24  124 

Teacher's  certificate 25  125 

Monthly  report  of  institute  fund 26  126 

Receipt  of  institute  fund 27  127 

Application  for  teachers'  normal  institute 28  127 

Report  of  registration  fees,  institute  fund 29  128 

Order  on  institute  fund ...  30  129 

Report  of  teachers'  normal  institute 31  129 

Revocation  of  teacher's  certificate 32  131 

Certificate  to  supervisors  of  tax  determined  by  board 33  131 

Certificate  to  supervisors  of  tax  voted  by  district  township 34  132 


166  INDEX. 

NO.  PAGE. 

Certificate^  tax  voted  by  a  subdistrict,  not  granted  by  district. . .  35  132 

Notice  from  the  county  auditor  of  semi-annual  apportionment. ...  36  133 

Certificate  of  election  of  county  superintendent 37  133 

Certificate  of  qualification  of  county  superintendent 38  134 

Notice  from  county  treasurer  of  school  tax  collected 39  134 

Notice  permitting  attendance  from  adjoining  districts 40  136 

Application  for  appointment  of  appraisers  of  site 41  185 

Appointment  of  appraisers  of  school-house  site 42  136 

Notice  to  owner  of  real  estate  of  appointment  of  appraisers 48  137 

Beport  of  appraisement  of  property  for  school-house  purposes 44  138 

Notice  of  assessment  of  damages 45  138 

Affidavit  of  appeal 46  139 

Notice  of  appeal....: 47  139 

Certificate  to  district  secretary's  transcript 48  140 

Notice  of  hearing  of  appeal 49  140 

Certificate  to  the  county  superintendent's  transcript 50  141 


SCHOOL  LAW  DECISIONS 


JN 


APPEAL  CASES, 


BY  THE 


Superintendent  of  Public  Instruction 


EDITION    OF    1888. 


COMPILED  FOR  THE  USE  OF  SCHOOL  OFFICERS 


BY 


HENRY  SABIN, 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


DES  MOINES: 

GEO.    E.    ROBERTS    STATE    PRINTER. 

188S. 


PREFACE. 


The  followiDg  compilation  of  School  Law  Decisions  is  believed  to 
be  as  full  and  complete  as  can  be  made  under  the  circumstances. 

Such  decisions  have  been  selected  as  bear  more  directly  upon  those 
cases  frequently  brought  to  the  attention  of  school  officers. 

A  close  study  of  these  decisions,  together  with  a  careful  reading  of 
the  sections  of  law  which  they  are  designed  to  construe,  taken  in 
connection  with  the  explanatory  notes,  will  give  county  superin- 
tendents and  other  school  officers  a  better  understanding  of  their 
duties  and  of  their  relation  to  each  other  and  to  the  public. 

In  order  that  those  most  interested  may  avoid  errors,  attention  is 
called  to  a  few  particulars. 

Neither  the  county  superintendent  nor  the  superintendent  of  public 
instruction  has  power  to  decide  the  legality  of  a  contested  election. 
They  are  often  asked  to  give  an  opinion  in  such  cases,  but  always 
hesitate,  because  there  are  usually  many  important  points  involved 
which  can  only  be  brought  out  in  the  courts,  where  such  cases  must 
eventually  go,  unless  settled  by  compromise.  County  superintend- 
ents may  advise  mutual  concessions,  such  as  justice  and  equity  may 
suggest,  but  cannot  entertain  such  cases  on  appeal. 

This  department  cannot  attempt  to  determine  the  validity  of  a  con- 
tract. An  appeal  will  lie  to  determine  whether  the  board,  in  dismiss- 
ing or  refusing  to  dismiss  a  teacher,  acted  through  mistaken  or  im- 
proper motives,  but  the  courts  alone  can  pass  upon  the  validity  of  the 
contract,  or  enforce  its  fulfillment. 
2 


10 


PREFACE. 


In  cases  where  the  concurrence  of  another  board  is  necessary  to  the 
completion  of  an  action,  there  can  be  no  appeal  from  the  order  of 
the  board  originating  the  action. 

County  superintendents  should  give  great  weight  to  acts  of  a  board 
purely  discretionary  in  their  nature.  Unless  such  acts  are  plainly 
shown  in  the  testimony  to  be  the  result  of  manifest  injustice  or 
improper  motives,  or  in  some  other  way  an  abuse  of  discretion,  the 
action  of  the  board  should  be  affirmed. 

On  the  other  hand,  however,  the  county  superintendent  is  not  lim- 
ited to  affirming  or  reversing  the  action  of  the  board,  but  he  may  do 
on  appeal,  whatever  the  board  had  power  to  do.  This  point  has  been 
long  determined,  and  will  be  sustained  by  this  department  in  the 
future.  But  in  all  such  cases,  the  county  superintendent  must  be 
able  in  his  decision  to  show  plainly  that  he  is  warranted  by  the  evi- 
dence in  determining  the  error  of  the  board. 

While  the  county  superintendent  may  not  compel  the  attendance 
of  witnesses  at  the  trial  of  an  appeal,  he  may  order  depositions  to  be 
taken,  in  accordance  with  sections  3692-3696,  Code,  and  thus  secure 
the  required  testimony. 

It  would  lighten  the  labors  of  this  office  if  county  superintendents 
would  take  great  care  in  sending  up  the  transcript.  The  outside  of 
each  paper  should  be  so  marked  as  clearly  to  indicate  the  contents. 
The  pages  of  the  testimony  should  be  carefully  numbered,  and  the 
whole  fastened  together.  The  directions  given  in  notes  to  sections 
1830-1836,  should  be  closely  followed.  The  map,  which  should  be 
sent  in  all  oases  where  boundaries  or  sites  are  in  question,  should 
show  the  roads,  streams,  location  of  dwellings,  and  number  of  school 
age  at  each  residence,  with  any  other  information  of  value  to  a  clear 
understanding  of  the  case.  A  complete  and  accurate  plat,  agreed  to 
by  all  parties  as  being  correct,  often  furnishes  a  key  to  the  whole 
situation. 

The  same  weight  given  by  county  superintendents  to  the  discre- 


PREFACE.  H 

tionary  acts  of  boards  will  be  given  by  this  department  to  the  discre- 
tion of  county  superintendents  in  refusing  or  revoking  certificates. 

We  are  always  glad,  as  it  is  a  part  of  our  duty,  to  answer  all  ques- 
tions from  school  officers  concerning  the  interpretation  of  the  school 
law.  But  we  think  frequent  perusal  of  the  decisions  following  will 
give  careful  readers  the  ability  to  answer  for  themselves  many  ques- 
tions likely  to  arise  in  tbe  administration  of  school  affairs. 

HENRY  SABIN, 
Superintendent  of  Public  Instruction. 

DBS  MOINES,  July  1,  1888. 


TABLE  OF  OASES. 


A. 

Albion,  District  Township  of,  Smith  v 1& 

Amity,  Independent  District  of,  Darnell  v 10$ 

Arthur  v.  Independent  District  of  Fairway  .  93 

B. 

Baker  v.  Independent  District  of  Waukon 130 

Bartlett  v.  District  Township  of  Spencer Ill 

Beard  v.  District  Township  of  Washington 67 

Belmont,  District  Township  of,  Moorman  v 53 

Boomer,  District  Township  of,  Remington  v 57 

Boyer  v.  Independent  District  No.  2,  Dutch  Township 135 

Brewer  v.  District  Township  of  Washington 73 

Brighton,  District  Township  of,  Woods  v 90 

Brown  v.  District  Township  of  Van  Meter 82 

Brown,  District  Township  of,  Gordon  v 4& 

Brown  v.  District  Township  of  Kichland 17 

Bunn  v.  District  Township  of  Douglas 64 

Burlington,  Independent  District  of,  David  v 75 

Buzzard  v.  Independent  District  of  Liberty 95 

C. 

Caldwell  v.  Peebles 62 

Cedar,  District  Township  of,  Dayton  v 58 

Cedar,  District  Township  of,  Miner  v 51 

Center,  District  Township  of,  Folsom  v 141 

Charles  City,  Independent  District  of,  Harwood  v 6& 

Chester,  District  Township  of,  Qays  v 85 

Coffin's  Grove,  District  Township  of,  Smith  v 33 

Colburn  v.  District  Township  of  Silver  Lake 110 

Colcord  v.  Independent  District  of  Vinton 113 

Cormack  v.  District  Township  of  Lincoln 10ft 


14  CONTENTS. 

Cousins  v.  Independent  District  Township  of  Spirit  Lake 133 

Crookshank  v.  District  Township  of  Maine 88 

Curry  v.  District  Township  of  Franklin 41 

D. 

Darnall  v.  Independent  District  of  Amity 103 

David  v.  Independent  District  of  Burlington 75 

Davis  v.  District  Township  of  Madison 60 

Dayton  v.  District  Township  of  Cedar 58 

Deck  v.  District  Township  of  Eden 339 

Des  Moines,  District  Township  of,  Handersheldt  v 115 

Dobbins  and  Briggs  v.  District  Township  of  Salem 24 

Dougherty  v.  Tracy 29 

Douglas,  District  Township  of,  Bunn  v 61 

Dunlavy  v.  Klinginsmith 102 

Dutch,  Independent  District  No.  2,  Boyer  v 135 

E. 

Eden,  District  Township  of ,  Deck  v 139 

Edwards  v.  District  Township  of  West  Point 35 

Elden,  Independent  District  of,  Taylor  v 65 

Exira,  District  Township  of,  Watson  v 68 

F. 

Fairway,  Independent  District  of,  Arthur  v 93 

Fisher  v.  District  Township  of  Tipton 123 

Flynn  v.  District  of  Whitebreast 26 

Folsom  v.  District  Township  of  Center 141 

Franklin,  District  Township  of,  Curry  v 41 

G. 

Oalland's  Grove,  District  Township  of,  Mclntosh  v 22 

Gordon  v.  District  Township  of  Brown. . .   43 

Gosting  v.  District  Township  of  Lincoln 80 

H. 

Hall  v.  District  Township  of  Massillon 55 

Handersheldt  v.  District  Towhship  of  Des  Moines 115 

Hansel  v.  District  Township  of  Mallory 117 

Hardy  v.  District  Township  of  Wyacondah 91 

Harlan  Township,  District  No.  1  v.  District  No.  2 107 

Harlan  Township,  District  No.  2  v.  District  No.  1 107 

Harwood  v.  Independent  District  of  Charles  City 69 

Hays  v.  District  Township  of  Chester 85 

Hays  v.  District  Township  of  Jefferson 96 

Hubbard  v.  District  Township  of  Lime  Creek 78 


CONTENTS.  15 

J. 

Jacoby  v.  Independent  District  of  Nodaway 104 

Jasper,  District  Township  of,  Thompson  v    87 

Jefferson,  District  Township  of,  Hays  v 96 

Johnson  v.  District  Township  of  Monroe .— . .-  25 

K. 

Kennon,  Orme  and  Bullock  v.  Independent  District  of  Nodaway  No.  4.  100 

Klinginsmith,  Dunlavy  v  . . '. 102 

Koontz  v.  District  Township  of  Liscomb 127 

L. 

Lester,  District  Township  of,  Sipple  v 46 

Lewis  v.  District  Township  of  Woolstock 132 

Liberty,  District  Township  of,  Eook  v 72 

Liberty,  Independent  District  of,  Buzzard  v 95 

Lime  Creek,  District  Township  of,  Hubbard  v 78 

Lincoln,  District  Township  of,  Gosting  v 80 

Lincoln,  District  Township  of,  Randall  v 84 

Lincoln,  District  Township  of,  Cormack  v 106 

Liscomb,  District  Township  of,  Koontz  v 127 

Lodomillo,  District  Township  of,  Rankin  v 108 

M. 

Madison,  District  Township  of,  Davis  v 60 

Maine,  District  Township  of,  Crookshank  v 88 

Mallory ,  District  Township  of,  Hansel  v. . . . 117 

Maquoketa,  District  Township  of,  Smith  v 39 

Marshall  v.  District  Township  of  Marshall 129 

Marshall,  District  Township  of,  Marshall  v .129 

Massillon,  District  Township  of,  Hall  v 55 

Mclntosh  v.  District  Township  of  Galland's  Grove 22 

Miner  v.  District  Township  of  Cedar 61 

Monroe,  District  Township  of,  Johnson  v 25 

Monroe,  District  Township  of,  Wilson  v 98 

Moorman  v.  District  Township  of  Belmont 53 

N. 

Nodaway,  Independent  District  No.  4,  Kennon,  Orme  and  Bullock  v. . .  100 
Nodaway,  Independent  District  of,  Jacoby  v 104 

P. 

Park  v.  Independent  District  of  Pleasant  Grove 120 

Peebles,  Caldwellv 62 

Pleasant  Grove,  Independent  District  of,  Park  v 120 


-j^g  CONTENTS, 

R. 

Randall  v.  District  Township  of  Lincoln 81 

Rankin  v.  District  Township  of  Lodomillo 108 

Reed  v.  District  Township  of  Union , 76 

Remington  v.  District  Township  of  Boomer 57 

Richland,  District  Township  of,  Brown  v 17 

Rook  v.  District  Township  of  Liberty 72 


S. 


Salem,  District  Township  of,  Dobbins  and  Briggs  v 24 

Silver  Lake,  District  Township  of,  Colburn  v 110 

Sipple  v.  District  Township  of  Lester 46 

Smith  v.  District  Township  of  Albion 18 

Smith  v.  District  Township  of  Coffin's  Grove 33 

Smith  v.  District  Township  of  Maquoketa 39 

Spencer,  District  Township  of,  Bartlett  v Ill 

Spirit  Lake,  Independent  District  Township  of,  Cousins  v 133 

Stine  v.  District  Township  of  Wahkonsa 21 

T. 

Taylor  v.  Independent  District  of  Eldon 65 

Thompson  v.  District  Township  of  Jasper 87 

Tipton,  District  Township  of,  Fisher  v 123 

Tracy,  Dougherty  v 29 

U. 

Union,  District  Township  of,  Reed  v 76 

V. 

Van  Meter,  District  Township  of,  Brown  v 82 

Vinton,  Independent  District  of,  Colcord  v 113 

W. 

Wahkonsa,  District  Township  of,  Stine  v 21 

Washington,  District  Township  of,  Beard  v 67 

Washington,  District  Township  of,  Brewer  v. 73 

Watson  v.  District  Township  of  Exira 68 

Waukon,  Independent  District  of,  Baker  v 130 

West  Point,  District  Township  of,  Edwards  v 35 

Whitebreast,  District  Township  of,  Flynn  v 26 

Wilson  v.  District  Township  of  Monroe 98 

Woods  v.  District  Township  of  Brighton 90 

Woolstock,  District  Township  of,  Lewis  v 132 

Wyacondah,  District  Township  of,  Hardy  v 91 


SCHOOL  LAW   DECISIONS. 

JANE  BROWN  v.  DISTRICT  TOWNSHIP  OF  HIGHLAND. 
Appeal  from  Tama   County. 

1.  SUBDISTRICT  BOUNDARIES:    Change  of.   In  changing  subdistrict  boun- 

daries, both  the  present  and  the  future  welfare  of  the  district  should  be 
considered. 

2.  SUBDISTRICT:    Size  of.    It  is  better  to  have  large  subdistricts  with  good 

school-houses  well  furnished,  than  small  subdistricts  with  small  and 
poorly  furnished  school-houses. 

The  board  of  said  district  township,  at  their  regular  meeting  in 
September,  1864,  changed  the  boundaries  of  certain  subdistricts, 
whereby  subdistrict  number  seven  and  a  portion  of  subdistrict  num- 
ber one,  were  attached  to  subdistrict  number  five. 

From  this  order  of  the  board  an  appeal  was  taken  to  the  county 
superintendent  who,  after  a  full  and  fair  investigation  of  the  case, 
sustained  the  action  of  the  board.  From  his  decision  an  appeal  is 
brought  to  the  superintendent  of  public  instruction. 

It  is  not  claimed  that  either  the  board  or  the  county  superintend- 
ent committed  errors  in  law  or  exceeded  their  jurisdiction.  Every- 
thing seems  to  have  been  done  fairly  and  openly,  and  a  final  de- 
cision of  the  case  is  asked  for  solely  on  the  ground  of  equity  and 
justice. 

Appellants  claim  that  subdistrict  number  seven  has  a  good  school 
of  thirty-four  scholars,  and  that  by  the  proposed  change,  three-fourths 
of  these  pupils  will  be  cut  off  from  school  privileges  in  consequence 
of  their  distance  from  the  proposed  site  of  the  new  school-house. 

But  it  is  shown  by  testimony  th*at  by  building  a  bridge  across  a  cer- 
tain stream  the  distance  will  be  diminished,  so  that  all  parties  will 
be  accommodated.  There  is  no  assurance  in  the  record  before  us 
that  the  bridge  will  be  built  this  year  or  next.  Meanwhile  a  large 
number  of  children  may  be  deprived  of  school.  As  a  general  rule  it 
is  better  to  have  large  subdistricts  with  good  school-houses  well  fur- 
3 


SCHOOL  LAW  DECISIONS. 


Sarah  E.  Smith  v.  District  Township  of  Albion. 


nished,   than  to  have  small  subdistricts  with  small  and  poorly  fur- 
nished school-  houses. 

We  believe  the  board  had  in  view  the  welfare  of  the  whole  district, 
as  did  also  the  county  superintendent  in  confirming  their  action,  but 
we  can  see  no  injustice  in  this  case  in  allowing  the  subdistricts  to 
remain  another  year  without  change,  or  until  the  proposed  bridge  is 
built.  The  reason  for  consolidating  the  subdistricts  now  will  prob' 
ably  exist  then,  and  the  occasion  for  complaint  will  then  be  removed. 

In  this  view  of  the  case  we  feel  compelled  to  reverse  the  decision 
of  the  county  superintendent.  REVERSED. 

ORAN  FAVILLE, 

Superintendent  of  Public  Instruction. 
March  1,  1865. 


SARAH  E.  SMITH  v.  DISTRICT  TOWNSHIP  OF  ALBION. 
Appeal  from  Howard  County. 

TEACHERS:  Eight  of,  to  inflict  punishment  upon  their  pupils.  A  school-master 
who  stands  in  loco  parentis  may,  in  proper  cases,  inflict  moderate  and 
reasonable  chastisement.  The  law  confides  to  teachers  a  discretionary 
power  in  the  infliction  of  punishment  upon  their  pupils,  and  will  not 
hold  them  responsible  criminally,  unless  the  punishment  be  such  as  to 
occasion  permanent  injury  to  the  child,  or  be  inflicted  merely  to  gratify 
their  own  evil  passions. 

The  record  in  this  case  shows  that  the  plaintiff,  Sarah  E.  Smith, 
entered  into  a  contract  with  the  subdirector  of  subdistrict  number 
two  in  said  district  township,  to  teach  a  school  for  four  months,  com- 
mencing on  the  19th  of  December,  1864.  That  she  commenced  her 
school  accordingly,  and  taught  until  the  30th  of  January,  1865.  That 
on  the  29th  of  January  she  was  notified  to  meet  the  board  to  answer 
to  the  charge  of  undue  severity  in  chastising  one  of  her  pupils;  that 
she  attended  the  meeting  of  the  board  and  made  her  defense,  but  the 
board  decided  to  expel  her  from  her  school,  paying  her  for  the  time 
she  had  taught.  From  this  action  of  the  board  she  appealed  to  the 
county  superintendent,  who  reversed  the  order  of  the  board,  and  from 


SCHOOL  LAW  DECISIONS.  1Q 

Sarah  E.  Smith  v.  District  Township  of  Albion. 

the  decision  of  the  county  superintendent  an  appeal  is  brought  to  the 
superintendent  of  public  instruction. 

It  is  claimed  on  the  part  of  the  board  that  the  county  superintend- 
ent had  no  j  arisdiction,  and  that  he  erred  in  entertaining  the  appeal 
and  reversing  the  order  of  the  board;  but  having  gone  to  trial  before 
the  county  superintendent,  and  having  submitted  the  case,  after  mak 
ing  their  defense,  they  cannot  now  plead  want  of  jurisdiction. 

Tne  testimony  shows  that  the  pupil,  a  boy  of  some  twelve  years  of 
age,  did  not  like  the  seat  assigned  him  by  the  teacher,  and  asked  per- 
mission to  go  out,  which  was  given;  that  he  started  toward  home; 
that  the  teacher  called  to  him  to  come  back,  threatening  to  punish 
him  if  he  disobeyed;  that  he  went  home  and  remained  out  of  school 
about  a  week;  that  at  the  close  of  the  school  on  the  day  he  returned 
the  teacher  reminded  him  of  the  punishment  threatened,  and  pro- 
ceeded to  administer  it,  striking  him  over  the  shoulders  and  back 
with  a  whip  furnished  by  one  of  the  pupils;  that  the  boy  resisted, 
striking  back,  snatching  away  the  whip  and  using  bad  language;  that 
the  teacher  obtained  another  whip,  a  willow  switch,  and  administered 
several  strokes  with  it,  some  of  which  were  across  his  head  and  face, 
in  consequence  of  which  one  of  the  boy's  eyes  was  apparently  in- 
jured. An  older  brother  of  the  boy  then  interfered,  and  the  "affray 
ended". 

It  does  not  appear  that  the  teacher  punished  hastily  or  in  anger,  or 
that  it  would  have  been  too  severe,  or  improperly  administered,  had 
the  boy  not  resisted.  It  is  doubtful  whether  the  resistance  justified 
the  teacher  in  striking  the  boy  across  the  head  and  thereby  causing 
an  injury,  fortunately  temporary,  to  one  of  his  eyes.  The  county 
superintendent  regarded  this  as  accidental,  and  as  no  permanent  in- 
jury was  sustained,  justified  the  teacher. 

Much  has  been  written  during  the  last  twenty-five  years  in  regard 
to  the  proper  means  to  be  used  for  maintaining  the  authority  of  the 
teacher  over  the  pupils.  We  can  remember  when  the  whip  was  ap- 
plied very  frequently  and  very  severely,  when  the  pupil  obeyed  from 
fear  of  punishment,  and  not  from  any  sense  of  duty  or  of  respect  for 
authority.  Since  that  time  there  has  been  a  great  change;  appeals  to 
reason,  to  a  sense  of  duty  and  to  right  have  been  successfully  used  by 
the  most  competent  teachers.  In  many  schools  the  rod  is  excluded, 


20  SCHOOL  LAW  DECISIONS. 

Sarah  E.  Smith  v.  District  Township  of  Albion. 

and  yet  ready  and  cheerful  obedience  is  secured  from  the  pupil.  We 
wish  such  a  result  could  be  reached  in  all  the  schools;  that  the  teacher 
could  inspire  the  pupils  with  such  a  love  for  order,  for  good  govern- 
ment and  for  rightful  authority;  with  such  a  love  for  right  doing  and 
such  a  hate  for  wrong  doing,  that  it  would  only  be  necessary  to  point 
out  the  path  of  duty  instead  of  the  command  to  walk  in  it.  While 
family  government  and  the  public  sentiment  of  some  communities 
may  render  such  a  course  possible,  the  want  of  family  government 
and  the  loose  reins  given  to  "Young  America"  in  many  communities 
require  strong  and  physical  force  to  hold  in  subjection  unsubdued 
nature. 

All  admit  that  the  teacher  must  maintain  authority,  and  for  that 
purpose  he  is  sustained  by  the  highest  authorities  in  inflicting  moder- 
ate punishment. 

In  Kent's  Commentaries,  9th  edition,  volume  2,  page  222,  is  the 
following:  "A  school  master  who  stands  in  loco  parentis,  may  in 
proper  cases  inflict  moderate  and  reasonable  chastisement." 

In  Wharton's  American  Criminal  Law,  5th  edition,  volume  1,  page 
669,  is  the  following: 

"The  law  confides  to  school-masters  and  teachers  a  discretionary 
power  in  the  infliction  of  punishment  upon  their  pupils,  and  will  not 
hold  them  responsible  criminally,  unless  the  punishment  be  such  as 
to  occasion  permanent  injury  to  the  child,  or  be  inflicted  merely  to 
gratify  their  own  evil  passions."  State  v.  Pendergrass,  2  Dev.  & 
Bat.,  407. 

"  On  the  trial  of  an  indictment  of  a  school  master  for  an  assault  on 
a  pupil  the  judge  refused  to  instruct  the  jury  that  the  defendant  was 
criminally  liable  for  punishing  a  pupil  only  when  he  acted  malo  an- 
imOj  from  vindictive  feeling,  passion,  or  ill-will,  or  inflicted  more 
punishment  than  was  necessary  to  secure  obedience,  and  not  for  error 
of  opinion  or  judgment,  provided  he  was  governed  by  an  honest  pur- 
pose to  promote  discipline  and  the  highest  welfare  of  the  school,  and 
the  best  interests  of  the  child;  and  instructed  them  that  in  inflicting 
corporal  punishment  a  teacher  must  exercise  reasonable  judgment  and 
discretion,  and  be  governed  as  to  the  mode  and  severity  of  the  pun- 
ishment by  the  nature  of  the  offense,  the  age,  size,  and  apparent 
powers  of  endurance  of  the  pupil."  Commonwealth  v.  Randall^  4 
Gray  (Mass.),  36. 


SCHOOL  LAW  DECISIONS.  21 

D.  E.  Stine  v.  District  Township  of  Wahkonsa. 

"If  there  is  arty  reasonable  doubt  that  the  punishment  was  excessive 
the  master  should  have  the  benefit  of  it."  Lander  v.  Seaver,  32  Vt. 
(3  Shaw),  114. 

We  add  the  following  as  having  some  bearing  on  this  case: 

"  Though  a  school-master  has  in  general  no  right  to  punish  a  pupil 
for  misconduct  committed  after  the  dismissal  of  a  school  for  the  day, 
and  the  return  of  the  pupil  to  his  home,  yet  he  may,  on  the  pupil's 
return  to  school,  punish  him  for  any  misbehavior,  though  committed 
out  of  school,  which  has  a  direct  and  immediate  tendency  to  injure 
the  school  and  to  subvert  the  master's  authority."  Zander  v.  Seaver, 
supra. 

Many  other  authorities  might  be  cited  establishing  the  authority 
of  the  teacher  to  inflict  punishment  necessary  for  securing  obedience 
to  reasonable  rules.  As  it  is  not  shown  in  this  case  that  the  rules 
were  unreasonable  or  the  punishment  severe  (the  teacher  must  have 
the  benefit  of  the  doubt  in  regard  to  the  manner  of  punishing),  the 
decision  of  the  county  superintendent  is 

AFFIRMED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 

April  22,  1865. 


D.  E.  STINE  v.  DISTRICT  TOWNSHIP  OF  WAHKONSA. 

Appeal  from  Webster  County. 
RECORDS:    Defective.    May  be  amended. 

The  board  of  supervisors  of  said  county  at  their  regular  meeting  in 
January,  1865,  set  off  certain  territory  frcm  the  township  of  Wash- 
ington to  the  township  of  Wahkonsa.  On  the  28th  day  of  the 
same  month  the  board  of  the  district  township  of  Wahkonsa 
made  an  order  conforming  the  boundary  of  said  district  township  to 
that  of  the  civil  township,  and  attaching  the  annexed  territory  to  sub- 
district  number  one,  of  the  said  district  township.  From  this  order 
an  appeal  was  taken  to  the  county  superintendent,  who  reversed  the 
action  of  the  board,  and  from  his  decision  the  board  appeals. 


22  SCHOOL  LAW  DECISIONS. 

John  A.  Mclntosh  v.  District  Township  of  Galland's  Grove. 

The  only  point  in  issue  in  this  case  is  whether  the  board  complied 
with  the  law  in  changing  the  boundaries  of  the  district. 

The  record  of  the  board  is  defective  in  not  more  particularly  de- 
scribing the  territory  in  question  and  in  not  having  a  plat  showing 
the  change  of  boundaries.  The  record,  however,  shows  that  provis- 
ion was  made  for  furnishing  such  a  plat,  and  that  the  board  had  at- 
tempted in  good  faith  to  regulate  the  boundaries  of  the  district  in 
accordance  with  a  petition  of  the  people  to  the  board  of  supervisors. 

The  law  does  not  limit  the  time  within  which  the  plat  shall  be 
made  and  recorded,  and  as  alterations  in  district  boundaries  do  not 
take  effect  until  the  first  Monday  in  March,  the  board  should  have 
until  that  time  to  complete  their  records. 

The  county  superintendent  decides  that  the  board  acted  in  good 
faith  and  for  the  best  interests  of  the  public;  and  we  think  he  should 
have  allowed  the  board  to  correct  "and  perfect  the  district  records. 

REVERSED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 

June  12,  1865. 


JOHN  A.  MclNTosn   v.  DISTRICT  TOWNSHIP    OF   GALLAND'S  GROVE. 
Appeal  from  Shelby  County. 

SCHOOL-HOUSE:  Power  of  the  board  to  build.  If  in  their  judgment  the  wants 
of  a  subdistrict  require,  the  board  are  empowered  to  erect  a  school- 
house  without  action  on  the  part  of  the  electors  of  the  subdistrict. 

The  plaintiff  appeals  from  the  action  of  the  board,  in  approving  a 
contract  for  building  a  school-house  in  the  subdistrict  of  which  the 
plaintiff  is  a  resident,  for  the  following  reasons: 

The  house  was  ordered  to  be  built  against  the  wishes  of  a  ma- 
jority of  the  electors  of  said  subdistrict. 

A  house  was  already  leased  for  school  purposes,  and  there  was  no 
need  of  a  new  house. 

The  county  superintendent  investigated  the  case  and  set  aside  the 


SCHOOL  LAW  DECISIONS.  23 

John  A.  Mclntosh  v.  District  Township  of  Galland's  Grove. 

action  of  the  board  in  the  premises,  and  from  this  decision  the  board 
appeal. 

The  record  shows  that  a  lease  was  executed  in  February,  1863,  for 
the  use  of  a  house  for  school  purposes  in  said  subdistriot  for  five 
years.  This  contract  was  signed  by  the  lessor  and  the  subdireotor; 
but  there  is  no  evidence  that  it  was  approved  by  the  board  or  signed 
by  its  president.  No  objection  seems  to  have  been  made  to  the 
lease  on  this  account.  Strict  construction  of  the  law,  however,  would 
not  consider  this  a  valid  lease. 

At  the  annual  meeting  of  the  electors  in  said  subdistrict  in  1864,  a 
resolution  was  adopted  requesting  the  district  township  meeting  to 
levy  a  tax  of  five  mills  on  the  township  for  the  purpose  of  building 
a  school-house  in  said  subdistrict.  It  seems  that  no  action  was  taken 
by  the  board  that  year;  but  at  its  regular  meeting  in  April,  1865,  the 
board  authorized  the  building  of  a  school-house  in  said  subdistrict, 
although  no  action  was  taken  by  the  electors  at  their  annual  meeting 
in  March  previous. 

The  superintendent  reversed  the  action  of  the  board  for  the  follow- 
ing reasons: 

The  board  has  no  right  to  build  a  school  house  unless  asked  to  do 
so  by  the  electors  of  the  subdistrict. 

The  subdistrict  in  question  had  a  house  leased  for  school  purposes 
for  a  term  of  years. 

The  district  has  no  right  to  force  a  house  upon  a  subdistrict. 

The  first  and  second  positions  of  the  superintendent  are  not  well 
taken;  for  the  evidence  shows  that  the  electors  in  1864  did  request  a 
tax  to  build  a  house,  as  the  request  was  not  withdrawn  in  1865,  it  was 
still  before  the  board;  second,  admitting  that  the  lease  was  valid,  the 
circumstances  of  the  subdistrict  may  have  changed  so  as  to  require  a 
new  house,  and  this  may  be  inferred  from  the  fact  that  a  tax  was  re- 
quested in  1864. 

His  third  proposition  may,  as  a  general  rule,  hold  true.  Yet  there 
are  cases  where  the  electors  of  a  district  township  would  doubtless  be 
justified  in  voting  a  tax  to  build  a  house  in  a  subdistrict  not  request- 
ing it.  There  may  possibly  be  communities  feeling  so  little  interest 
in  the  education  of  their  children  that  they  are  not  willing  to  bear  a 
share  of  the  expenses  necessary  to  maintain  schools.  In  such  cases 


24  SCHOOL  LAW  DECISIONS. 

Dobbins  and  Briggs  v.  District  Township  of  Salem. 

there  should  be  a  power  somewhere  to  see  that  schools  are  provided, 
and  that  power  must  rest  with  a  majority  of  the  electors  of  the  dis- 
trict township  and  with  the  board. 

In  the  above  case  we  feel  compelled  to  differ  from  the  county  su- 
perintendent, and  his  decision  is 

REVEBSED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 
November  15,  1865. 


DOBBINS  AND  BRIGGS  v.  DISTRICT  TOWNSHIP  OF  SALEM. 
Appeal  from  Henry   County. 

1.  APPEAL.    An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a 

change  in  the  boundaries  of  the  district  township,  where  the  concur- 
rence of  the  board  of  an  adjoining  district  township  is  necessary  to 
effect  the  change. 

2.  JURISDICTION.    The   superintendent's  jurisdiction    on   appeal  is   not 

greater  than  that  of  the  board  from  whose  action  the  appeal  is  taken. 

In  January,  1866,  the  appellees  and  others  presented  a  petition  to 
said  board,  requesting  a  change  in  the  boundaries  of  said  district 
township,  so  that  certain  residents  therein  might  be  set  off  to  the  in- 
dependent district  of  Salem. 

The  board  decided  not  to  grant  the  request  of  petitioners,  from 
which  decision  an  appeal  was  taken  to  the  county  superintendent' 
who,  after  a  protracted  and  patient  investigation,  reversed  the  decis- 
ion of  the  board,  and  ordered  changes  to  be  made  in  the  boundaries 
of  the  district  township,  by  which  certain  territory  was  transferred 
to  the  independent  district,  and  from  his  decision  an  appeal  is  taken 
to  the  superintendent  of  public  instruction. 

This  is  an  interesting  case,  from  the  fact  .that  it  presents  a  question 
not  before  determined,  to-wit:  whether  the  county  superintendent  has 
jurisdiction  in  a  matter  requiring  the  concurrent  action  of  different 
school  boards.  If  this  question  is  answered  in  the  affirmative,  then 


SCHOOL  LAW  DECISIONS.  25 

C.  W.  Johnson  v.  District  Township  of  Monroe. 

the  various  points  raised  by  counsel  must  be  examined,  and  the  case 
must  be  determined  on  its  merits;  but  if  answered  in  the  negative  no 
discussion  of  the  various  issues  raised  is  necessary. 

It  has  heretofore  been  held  and  is  still  held,  that  the  county  super- 
intendent has  authority  to  affirm  or  reverse  the  action  of  school  boards 
in  changing  the  boundaries  of  subdistricts;  but  all  cases  of  this 
kind  hitherto  determined  have  been  confined  to  the  action  of  boards 
affecting  territory  within  their  respective  district  townships.  The 
present  case  relates  to  the  transfer  of  territory  from  the  district  town- 
ship, under  the  control  of  one  board,  to  the  independent  district  un- 
der the  jurisdiction  of  another  board.  The  cases  are  not  analogous. 
In  the  former  case  the  board  has  complete  authority,  and  the  action 
taken  is  final,  unless  reviewed  within  a  limited  time;  but  in  the  latter 
case,  one  board  initates  a  movement  which  is  completed  or  not  at  the 
option  of  another  board.  In  other  words,  neither  board  has  complete 
jurisdiction;  and  it  necessarily  follows  that  the  county  superintend- 
ent, having  only  appellate  jurisdiction,  cannot  assume  original  juris- 
diction and  do  what  the  board  could  not  do,  from  whose  action  the 
appeal  was  taken. 

Having  arrived  at  this  conclusion,  in  which  we  are  sustained  by  the 
attorney- general,  we  feel  obliged  to  disagree  with  the  county  superin- 
tendent, and  his  decision  is  therefore 

REVERSED. 
ORAN  FAVILLE, 

Superintendent  of  Public  Instruction. 
July  23,  1866. 


C.  W.  JOHNSON  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Madison  County. 

SCHOOL-HOUSE  TAX.  Where  it  has  been  the  uniform  custom  to  apportion 
the  school- house  tax  among  the  several  subdistricts,  the  board  are  not 
governed  by  a  vote  of  the  electors  instructing  them  to  levy  the  tax  di- 
rectly upon  the  property  of  a  subdistrict. 

In  April,  1866,  the  board  of  said  district  township  decided  to  levy 
a  tax  for  building  a  school  house  in  subdistrict  number  one,  on  the 

4 


26  SCHOOL  LAW  DECISIONS. 

C.  D.  Flynn  v.  District  Township  of  Wbitebreast. 

property  of  said  subdistrict,  instead  of  apportioning  it  among  the 
several  subdistricts.  From  this  decision  an  appeal  was  taken  to  the 
county  superintendent,  who  reversed  the  action  of  the  board,  and 
from  his  decision  an  appeal  is  brought  to  this  office. 

The  evidence  shows  conclusively  that  it  has  not  been  the  custom 
for  each  subdistrict  to  build  its  own  school-house,  and  the  only  reason 
the  board  can  assign  for  its  action  is  an  expression  of  the  electors  of 
the  district  township  that  hereafter  each  subdistrict  be  required  to 
build  its  own  school-house. 

The  law  is  plain  and  positive  on  this  subject,  and  it  is  extremely 
doubtful  whether  the  electors  can  instruct  the  board  to  pursue  a 
course  contrary  to  that  laid  down  in  the  law.  If  such  a  vote  of  the 
electors  is  binding  at  all  on  the  board,  it  should  be  a  unanimous  vote 
of  all  the  electors  of  the  district  township;  and  even  then  the  board 
would  not  be  justified  in  acting  contrary  to  justice  and  equity. 

The  county  superintendent  in  his  decision  says:  "The  board 
therefore,  should  have  apportioned  the  amount  necessary  to 
build  a  school- house  in  subdistrict  number  one  among  the  several  sub- 
districts,  taking  as  a  basis  of  apportionment  the  amounts  previously 
levied  on  said  subdistricts  for  school-house  fund." 

I  entirely  agree  with  the  county  superintendent,  and  his  decision 
is  AFFIRMED. 

ORAN  FAVILLE, 

Superintendent  of  Public  Instruction. 
August  10,  1866. 


C.  D.  FLYNN  v.  DISTRICT  TOWNSHIP  OF  WHITKBREAST. 
Appeal  from  Lucas   County. 

SUBDISTRICT  BOUNDARIES:  Change  of.  The  county  superintendent  may 
on  appeal,  redistrict.  A  refusal  by  the  board  to  act  upon  a  petition  to 
redistrict  is  an  act  from  which  an  appeal  will  lie. 

In  September,  1866,  plaintiff  and  others  presented  to  defendants  a 
petition  to  redistrict  the  township;  and  a  motion  was  adopted  to  "re- 
district  the  township  as  they  thought  best  for  the  interests  of  the 


SCHOOL  LAW  DECISIONS.  27 

C.  D.  Flynn  v.  District  Township  of  Whitebreast. 

township  and  of  the  people."  At  a  special  meeting  held  in  Novem- 
ber to  carry  out  that  action,  the  former  motion  was  reconsidered,  and 
a  motion  adopted  to  let  the  boundaries  of  the  subdistricts  remain  as 
they  were.  From  this  decision  of  the  township  board,  plaintiff  ap- 
pealed to  the  county  superintendent,  who  dismissed  the  case  on  the 
ground  that  the  board,  having  made  no  change  in  the  subdistrict 
boundaries,  there  was  no  action  to  appeal  from,  the  plaintiff  was  not 
aggrieved,  and  hence  the  county  superintendent  had  no  jurisdiction. 

The  question  of  the  jurisdiction  of  the  county  superintendent  in 
this  case,  is  the  only  one  which  requires  examination. 

The  counsel  for  appellees  confine  their  argument  to  two  points: 

The  county  superintendent  has  no  jurisdiction,  either  original  or 
appellate,  over  the  question  of  fixing  or  changing  the  boundary  lines 
of  subdistricts. 

If  the  county  superintendent  has  appellate  jurisdiction  to  review 
the  action  of  the  board  in  changing  or  fixing  said  boundary  lines,  yet 
he  could  not  exercise  it  in  this  case,  for  the  reason  that  there  was  no 
action  of  the  board  from  which  an  appeal  would  lie. 

The  first  point  is  based  on  section  31,  chapter  1,  of  the  school  laws 
now  in  force.  Preceding  sections  define  the  powers  of  the  board ; 
but  said  section  31  contains  limitations  of  those  powers.  One  of  the 
limitations  is — "nor  shall  the  boundaries  of  subdistricts  be  changed 
except  by  a  vote  of  the  majority  of  the  board."  This,  when  taken  in 
connection  with  the  context,  evidently  means,  merely,  that  when  a 
change  in  subdistrict  boundaries  is  made  by  the  board,  said  change 
must  receive  the  sanction  of  a  majority  of  all  the  members  of  the 
board,  and  is  not  intended  to  deny,  neither  does  it  deny,  the  appellate 
jurisdiction  of  county  superintendents  in  the  change  of  subdistrict 
boundaries.  Of  course  it  is  not  true,  neither  is  it  claimed,  that  super- 
intendents have  original  jurisdiction  in  making  such  change. 

In  the  discussion  of  the  second  point,  by  the  substitution  of  the 
word  "action"  for  the  terms  *' decision  or  order"  used  in  the  law,  and 
ingeniously  attaching  to  that  word  a  signification  of  something  done 
beyoud  the  mere  adoption  of  a  resolution,  such,  for  instance,  as  the 
actual  redistrictyig  of  the  township,  the  counsel  make  a  very  plausi- 
ble argument,  in  which  it  is  clearly  seen  that  no  one  could  be  ag- 


28  SCHOOL  LAW  DECISIONS. 

C.  D.  Flynn  v.  District  Township  of  Whitebreast. 

grieved  by  an  act  when  no  act  was  done,  hence,  there  was  no  ground 
for  appeal. 

But  the  language  of  the  law  is  that  "  any  person  aggrieved  by  any 
decision  or  order"  of  the  board  may  appeal.  Was  there  a  "decision 
or  order"  made  by  the  board,  and  was  any  person  aggrieved  thereby? 
It  appears  from  the  transcriptvof  the  secretary,  that  the  board  did  de- 
cide to  "  let  the  subdistrict  boundaries  remain  as  they  were,"  and 
passed  a  motion  or  "order"  to  that  effect.  The  action  of  the  board  in 
November,  though  virtually  merely  an  order  of  refusal,  is  proper 
ground  for  appeal,  provided  any  person  was  aggrieved  thereby  ;  and 
in  this  decision  I  am  sustained  by  the  opinion  of  the  attorney-general. 

It  only  remains  to  inquire  whether  any  person  might  have  been  ag- 
grieved by  this  action  of  the  board.  The  affidavit  of  the  plaintiff 
sets  forth  that  "a  larger  number  of  subdistricts  and  school-houses  are 
imperatively  demanded  to  accommodate  the  children  of  the  district"; 
and  in  the  hearing  before  the  county  superintendent,  plaintiff  re- 
quested an  opportunity  to  introduce  evidence  to  that  effect. 

Facilities  for  the  education  of  children  are  among  the  most  highly 
cherished  privileges  enjoyed  by  intelligent  citizens;  and  it  may  easily 
be  conceived  that  persons  may  be  aggrieved  by  a  refusal  to  grant  such 
facilities  as  are  "imperatively  demanded." 

The  county  superintendent  erred  in  sustaining  the  motion  to  dis- 
miss; and  the  case  is  therefore  remanded  for  a  hearing  upon  its  mer- 
its. In  the  event  that  the  finding  shall  be  for  the  plaintiff,  the  county 
superintendent  may  himself  redistriot  the  township,  as  justice,  equity 
and  the  interests  of  the  people  require. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

April  19,  1867. 


SCHOOL  LAW  DECISIONS.  29 


Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 


MARIA  L.  DOUGHERTY  v.  L.  D.  TRACY,  COUNTY    SUPERINTENDENT. 
Appeal  from   Grundy   County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.    The  order  of  a  county  su- 

perintendent revoking  a  certificate  will  not  be  interfered  with  on  appeal 
unless  it  appears  that  he  acted  from  passion  or  prejudice. 

2.  -     — .    Opinions  unsupported  by  facts  cannot  be  received  as  satisfactory 

evidence  of  prejudice. 

April  1,  1867,  L.  D.  Tracy,  superintendent  of  common  schools 
for  the  county  of  Grundy,  revoked  the  certificate  of  Maria  L,  Dough- 
erty, a  teacher  of  said  county,  on  the  alleged  ground  of  incompetency 
to  properly  govern  and  control  a  school.  A  notice  of  the  revocation 
made  out  in  due  form,  was  served  upon  the  secretaries  of  the  several 
district  townships;  but  no  notice  of  the  revocation  was  served  by  the 
superintendent  on  the  plaintiff. 

The  plaintiff  appealed  to  the  superintendent  of  public  instruction, 
who  by  circular  of  May  15,  1867,  directed  that  the  case  should  be 
heard  by  the  county  superintendent.  Such  hearing  took  place  June 
7,  1867.  During  the  examination  twenty-three  persons,  patrons  and 
pupils,  testified  to  the  good  order  of  the  school,  and  the  general  good 
character  and  reputation  of  the  plaintiff  as  a  teacher.  Fourteen  per- 
sons  made  affidavit  that  they  believed  plaintiff's  certificate  was  re- 
voked from  personal  prejudice. 

One  witness  called  by  the  defense  testified  that  the  school  was  not 
governed  as  well  as  it  might  have  been;  that  he  several  times  heard 
cursing  and  swearing  on  the  school  grounds  at  noon  and  recess.  Three 
persons  testified  that  they  did  not  believe  the  superintendent  revoked 
plaintiff's  certificate  from  prejudice  or  passion.  Nineteen  persons 
certified  that  they  believed  Mr.  Tracy  to  be  a  competent  and  impir- 
tial  officer,  and  free  from  any  malicious  administration. 

The  county  superintendent,  disregarding  the  weight  of  evidence  in 
regard  to  the  plaintiff's  qualifications,  affirmed  his  previous  decision 
revoking  plaintiff's  certificate,  and  certified  that  the  act  was  done  with- 


30  SCHOOL  LAW  DECISIONS. 

Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 

out  prejudice  or  passion  toward  the  plaintiff,  and  that  he  was  impelled 
to  that  conviction,  which  was  the  result  of  personal  observation  and 
knowledge,  that  plaintiff  was  incompetent  to  govern  a  school  prop- 
erly. 

From  that  decision  the  plaintiff  appeals. 

If  this  case  could  be  determined  by  the  weight  of  evidence  in  regard 
to  the  plaintiff's  ability  to  govern  a  school  properly  the  decision  would 
be  in  plaintiff's  favor.  But  there  are  other  elements  for  consideration. 
The  county  superintendent  is  clothed  with  large  discretionary  powers. 
So  great  has  this  discretion  been  regarded  that  it  has  been  held  by 
previous  incumbents  of  the  office  of  superintendent  of  public  instruc- 
tion that  the  refusal  to  grant  a  teacher's  certificate  or  the  revocation 
of  such  certificate  by  a  county  superintendent  was  an1  act  so  wholly 
discretionary  that  it  was  not  subj  ect  to  revision.  The  circular  of  May 
15,  1867,  from  this  department,  maintaining  the  right  of  appeal  in 
such  cases  was  not  intended  to  curtail  the  discretionary  power  of 
county  superintendents,  but  to  point  out  a  way  in  which  its  abuse 
might  be  corrected. 

In  the  absence  of  special  statutory  provisions  in  regard  to  the  man- 
ner of  hearing  appeals,  it  is  presumed  that  general  principles  are  ap- 
plicable. 

It  may  not  be  amiss  at  this  time  to  enunciate  some  general  princi- 
ples which  will  be  observed  in  the  adjudication  of  this  and  similar 
cases. 

I.  The  discretion  of  a  county  superintendent  in  refusing  or  revok- 
ing a  teacher's  certificate  will  not  be  interfered  with  by  the  superin- 
tendent of  public  instruction  unless  it  is  clearly  shown  that  the  county 
superintendent  in  such  act  violated  the  law  in  letter  or  spirit,  or  was 
influenced  by  passion  or  prejudice.  This  position  is  believed  to  be 
correct  in  the  light  of  both  principle  and  public  policy.  The  general 
rule  is,  "the  supreme  court  will  not  interfere  with  the  decisions  of  the 
district  court  in  cases  where  the  latter  has  a  discretionary  power,  un- 
less it  is  fully  apparent  that  such  power  has  been  abused."  Ham- 
mond's Iowa  Digest,  page  65.  Numerous  cases  might  be  cited  in 
support  of  this  rule,  but  such  citations  are  deemed  unnecessary.  The 
county  superintendent  is  presumed  to  be  selected  from  among  his 
fellow  citizens  on  account  of  his  ability  to  exercise  a  sound  discretion 


SCHOOL  LAW  DECISIONS.  3j[ 

Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 

in  the  discharge  of  the  important  duties  of  his  office.  He  is  bound 
by  a  solemn  oath  to  discharge  his  trusts  with  fidelity.  He  is  on  the 
ground  and  has  a  personal  knowledge  of  the  circumstances.  He  ean 
judge  of  the  educational  requirements  of  his  county  better  than  an- 
other person,  scores  of  miles  distant.  In  his  examination  of  teachers 
and  in  his  visits  to  their  schools  he  can  judge  of  the  teacher's  com- 
parative and  actual  merit  and  ability  better  than  those  who  have  less 
extended  opportunities  for  observation.  He  is  responsible  to  his  con- 
stituents for  the  manner  in  which  his  duties  are  performed.  His  official 
acts  may  be  reviewed  and  modified  or  annulled  by  the  superintendent 
of  public  instruction.  Frequent  interference  with  the  discretion  of 
county  superintendents  would  tend  to  bring  their  authority  into  con- 
tempt, and  unsettle  the  foundations  of  our  school  system.  While, 
then,  the  right  to  review  an  abuse  of  discretion  is  reserved,  and  the 
right  to  reverse  an  illegal  decision  maintained,  the  discretion  of  county 
superintendents  will  not  be  interfered  with  unless  such  interference 
is  necessary  to  secure  justice  or  vindicate  law. 

II.  The  proof  of  the  violation  of  law,  or  of  the  influence  of  passion 
or  prejudice  in  the  performance  of  official  duty  must  be  clear  and  con- 
vincing. Mere  opinion,  unsupported  by  facts,  is  insufficient  to  estab- 
lish the  allegation  of  passion  or  prejudice.  "As  a  general  rule,  wit- 
nesses, unless  experts,  should  state  facts,  not  opinions."  Whitmore  v. 
Bowmarii  4  G.  Greene,  (Iowa),  148.  "Except  when  given  by  experts, 
evidence  of  mere  opinion  is  not  competent,  unless  upon  some  controll- 
ing ground  of  necessity:  resulting  from  the  nature  of  the  inquiry." 
Dahell  v.  City  of  Davenport,  12  Iowa,  437;  Danforth,  Dennis  &  Co. 
v.  Carter  &  May,  4  Iowa,  230. 

In  the  light  of  these  principles,  which  are  believed  to  be  correct 
and  proper,  conclusions  may  be  readily  formed. 

It  is  held  that  it  is  not  necessary  for  the  county  superintendent  to 
notify  the  plaintiff  of  his  intention  to  revoke  her  certificate  before 
taking  such  action;  neither  does  the  law  require  him  to  serve  a  copy 
of  the  revocation  upon  the  plaintiff,  subsequently.  Courtesy  and  pro- 
priety, however,  would  dictate  that  the  teacher  should  receive  imme- 
diate notice  of  the  revocation  from  the  county  superintendent. 

The  rulings  of  the  county  superintendent  on  the  admission  of  evi- 


32  SCHOOL  L^W  DECISIONS. 

Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 

dence  have  no  material  effect  on  the  final  decision  of  the  case,  henoe 
the  exceptions  of  the  plaintiff  thereto  are  passed  over.* 

The  revocation  of  a  teacher's  certificate  is  adjudged  to  be  an  act  of 
discretion  on  the  part  of  the  county  superintendent,  which  will  not 
be  interfered  with,  without  satisfactory  proof  of  illegality  or  of  prej- 
udice. 

In  this  case,  while  the  weight  of  testimony  is  favorable  to  plaintiff's 
qualification,  and  opinion  is  conflicting  in  regard  to  prejudice,  there 
is  not  a  single  fact  adduced  in  the  testimony  upon  which  the  theory 
of  prejudice  can  be  based.  On  the  other  hand  the  county  superin- 
tendent headed  a  subscription  to  pay  plaintiff's  board,  and  was  the  first 
to  pay  said  subscription.  During  the  term  he  told  the  subdirector 
that  the  plaintiff  must  be  sustained  in  her  government  of  the  school 
at  all  hazards;  and  these  facts  indicate  the  absence  of  prejudice.  The 
mere  opinion  of  witnesses,  unsupported  by  facts,  cannot  be  received 
as  satisfactory  evidence  of  prejudice. 

Some  embarrassment  is  experienced  in  this  case  from  the  circum- 
stance that  the  plaintiff  belongs  to  that  gentler  sex  to  which  we  are  all 
educated  to  do  homage,  and  the  idea  is  largely  prevalent  that  they 
are  not  amenable  to  law  in  an  equal  degree  with  the  opposite  sex;  but 
having  a  high  regard  for  the  rights  of  women,  we  dare  not  pervert 
law  even  to  shield  them  from  its  operation.  We  are  therefore  com- 
pelled to  affirm  the  decision  of  the  county  superintendent. 

AFFIRMED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

October  1,  1867. 


SCHOOL  LAW  DECISIONS.  33 


Benjamin  Smith  v.  District  Township  of  Coffin's  Grove. 


BENJAMIN  SMITH  v.  DISTRICT  TOWNSHIP  OF  COFFIN'S  GROVE. 
Appeal  from  Delaware  County. 

1.  PROCEEDINGS.    In  the  absence  of  proof  to  the  contrary,  the  legal  pre- 
sumption is  that  the  proceedings  before  the  county  superintendent  were 
entirely  regular. 

2.  EXPLANATORY  NOTES:  Force  of.    Notes  to  the  school  law,  while  proper 
aids  to  school  officers,  have  not  the  binding  force  of  law,  and  a  non- 
compliance  with  them  is  not  necessarily  a  violation  of  law. 

On  the  petition  of  the  electors  of  subdistriot  number  one,  Coffin's 
Grove  district  township,  the  board  thereof  located  the  site  of  a 
proposed  new  school-house  "just  east  of  the  burying  ground,  on 
the  right  hand  side  of  the  road,  adjoining  the  corner  of  Mr.  Brook's 
field."  From  this  action  plaintiff  appealed  to  the  county  superin- 
tendent on  the  25th  of  March,  by  whom  the  case  was  heard  April 
19,G1867.  On  the  13th  of  June  the  county  superintendent  issued 
an  order  re-locating  the  site  three-fourths  of  a  mile  further  south, 
and  at  or  near  the  center  of  the  subdistrict.  From  this  order  an 
appeal  is  taken,  and  thus  the  case  comes  up  for  review. 

The  appellants  claim  a  reversal  of  the  county  superintendent's  de- 
cision on  the  ground: 

1.  That  the   county  superintendent  had  no  jurisdiction  in  the 
matter. 

2.  That  the  county  superintendent  erred  in  not  taking  the  deposi- 
tions of  witnesses  in  writing  and  having  the  same  signed  and  sworn 
to  by  the  witnesses. 

3.  That  the  county  superintendent  erred  in  not  making  up  his 
record  at  the  time  of  the  trial. 

4.  On  the  merits  of  the  case. 

The  denial  of  the  county  superintendent's  jurisdiction  is  based  on 
the  fact  that  the  original  affidavit  does  not  state  that  the  appeal  was 
taken  within  thirty  days  of  the  action  of  the  board  complained  of, 
and  reference  is  made  to  page  57  of  "explanatory  notes,"  in  which  it 
is  stated  that  this  fact  should  appear,  though  there  is  no  such  specific 
5 


34  SCHOOL  LAW  DECISIONS. 

Benjamiu  Smith  v.  District  Township  of  Coffin's  Grove. 

requirements  in  "An  act  to  provide  for  appeals."  The  question  natur- 
ally arises  as  to  the  legal  force  of  these  "  explanatory  notes."  Have 
they  the  effect  of  statutory  provisions,  or  otherwise?  While  the  right 
of  every  tribunal  to  establish  rules  and  regulations  not  inconsistent 
with  law,  must  be  admitted,  these  "  explanatory  notes  "  made  by  the 
superintendent  of  public  instruction  are  not  legal  enactments,  nor 
"  rules  and  regulations,"  and  so  far  from  being  mandatory  in  their 
character  are  merely  advisory  and  directory,  and  intended  for  the 
assistance  and  guidance  of  school  officers.  They  are  a  commentary 
on  the  school  law;  and  as  they  are  replete  with  good  common-sense 
suggestions,  their  observance  will  render  the  administration  of  the 
school  law  more  accurate  and  satisfactory;  but  a  non-compliance  with 
them  is  not  necessarily  a  violation  of  law. 

It  must  be  admitted  that  an  affidavit  which  does  not  state  the  date 
of  the  decision  or  act  complained  of  is  very  carelessly  drawn,  and  a 
superintendent  might  be  justified  in  refusing  to  entertain  it;  but  if 
it  be  entertained,  it  is  still  competent  for  the  opposite  party  to  show 
that  the  thirty  days  allowed  by  law  had  expired  previous  to  the  filing 
of  the  affidavit,  and  thus  secure  the  dismissal  of  the  case.  The  law 
gives  the  superintendent  jurisdiction  within  thirty  days,  and  the  state 
superintendent  could  not  by  any  rule  or  regulation  annul  the  statutory 
provisions.  It  is  not  even  claimed  by  appellants  that  the  time  for 
taking  appeal  had  expired,  and  the  date  of  petitions  submitted  to  the 
board  indicate  that  it  had  not  expired.  In  the  absence  of  proof  to 
the  contrary,  the  legal  presumption  is  that  the  proceedings  before  the 
Bounty  superintendent  were  entirely  regular,  and  therefore  the  juris- 
diction of  the  superintendent  must  be  sustained. 

The  second  and  third  errors  assigned  by  appellants  are  also  based 
on  "explanatory  notes"  instead  of  upon  the  law,  and  cannot  be  sus- 
tained for  reasons  previously  given.  While  there  were  things  in  the 
management  of  this  case  from  which  we  must  withhold  our  commen- 
dation; as  there  seems  to  have  been  a  substantial  compliance  with'the 
law,  we  do  not  feel  justified  in  dismissing  it  without  an  examination 
of  its  merits. 

The  county  superintendent  gave  due  notice  of  the  hearing  in  writ- 
ing to  all  the  electors  of  the  subdistrict.  On  the  day  of  hearing  sev- 
eral persons  appeared,  but  no  "evidence  on  either  side  was  offered," 


SCHOOL  LAW  DECISIONS.  35 

Jcfeeph  F.  Edwards  et  al.  v.  District  Township  of  West  Point. 

except  the  original  affidavit  of  Benjamin  Smith.  The  record  of  the 
county  superintendent  goes  on  to  say:  "But  to  satisfy  myself  in 
regard  to  the  number  of  inhabitants  that  would  be  accommodated 
best  by  the  site  remaining  where  it  is  at  present  located  by  said 
board,"  Nelson  Bly,  James  McBride  and  Harry  Baker  were  sworn. 
"Nelson  Bly  stated  that  about  thirty  families  lived  in  said  subdistrict, 
and  that  only  about  one  third  would  be  accomodated  by  the  site 
remaining  where  it  is  at  present  located  by  said  board.  James  Mo- 
Bride  corroborated  the  statements  made  by  Nelson  Bly."  After 
Henry  Baker  was  sworn  "so  much  confusion  and  controversy  arose*' 
that  it  was  found  "almost  impossible  to  preserve  order,"  and  the 
superintendent  "proceeded  to  view  the  different  sites." 

Among  the  papers  sent  up  by  the  district  secretary  were  two  peti- 
tions to  the  board,  one  signed  by  fifteen  persons  asking  that  the  site 
should  be  located  "at  or  near  the  corner  of  Mr.  Brook's  field;"  the 
other  signed  by  twenty-three  persons,  asking  that  the  site  be  "estab- 
lished as  near  as  practicable  in  the  center  of  the  subdistrict." 

In  view  of  the  facts  before  us  we  cannot  do  otherwise  than  sustain 
the  county  superintendent,  whose  decision  is 

AFFIRMBD. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

December  16,  1867. 


JOSEPH  F.  EDWARDS  et  al.  v.  DISTRICT  TOWNSHIP  OF  WEST  POINT. 

Appeal  from  Lee  County. 

1.  APPEAL.    The  right  of  appeal  is  not  limited  to  cases  of  personal  griev- 
ance. 

2.  DISCRETIONARY  ACTS.    The  county  superintendent  having  only  appel- 
late jurisdiction,  should  not  reverse  discretionary  acts  of  the  board, 
without  explicit  and  clearly  stated  proof  of  the  abuse  of  such  discretion, 
even  though  not  fully  approving  their  action. 


36  SCHOOL  LAW  DECISIONS. 

Joseph  F.  Edwards  et  al.  v.  District  Township  of  West  Point. 

3.  SUBDISTRICT  BOUNDARIES:  Change  of.  The  acts  of  a  board  changing 
subdistrict  boundaries  and  locating  school-houses  are  so  far  discretion- 
ary that  they  should  be  affirmed  on  appeal,  unless  it  is  shown  that  there 
has  been  an  abuse  of  discretion. 

September  16,  1867,  the  board  of  the  district  township  of  West 
Point,  Lee  county,  transferred  one  hundred  and  twenty  acres  of  land 
belonging  to  one  Timothy  Allen,  from  subdistrict  number  one  to  sub- 
district  number  three,  in  the  same  district  township.  From  this 
alteration  of  subdistrict  boundaries,  Joseph  F.  Edwards  et  al.  ap- 
pealed to  the  oaunty  superintendent,  by  whom  the  order  of  the  board 
was  reversed.  From  this  decision  of  the  county  superintendent, 
Timothy  Allen  appeals  to  the  superintendent  of  public  instruction. 

It  is  not  claimed  that  the  board  exceeded  their  powers  in  changing 
boundary  lines,  or  in  any  respect  violated  law.  While  equality 
among  the  several  subdistricts,  in  area,  population,  and  taxable  prop- 
erty, is  in  some  respects  desirable,  it  is  not  required  by  law,  and  in 
fact  is  impracticable.  The  claim  in  the  argument  of  appellees  that 
the  action  of  the  board  was  necessarily  wrong,  because  it  had  the 
effect  to  increase  the  inequality  in  some  or  all  of  these  respects,  is 
not  well  founded.  It  is  an  element  which  should  receive  proper  con. 
sideration,  but  it  will  not  always  exercise  a  controlling  influence. 

Mr.  Nourse,  in  his  argument  for  appellant,  claims  that  "no  right 
of  appeal  existed  in  the  plaintiffs  who  took  the  case  to  the  county 
superintendent";  hence,  the  county  superintendent  was  without  juris- 
diction. He  claims  that  to  entitle  a  person  to  the  right  of  appeal 
the  grievance  must  be  of  a  personal  character — one  that  effects  the 
rights  or  interests  of  the  individual  as  distinguished  from  the  public. 
In  support  of  this  view  he  refers  to  the  following  decisions  by  our 
supreme  court:  Humphrey  v.  JBall,  4  G.  Greene,  204;  Myers  v.  8imms> 
4  Iowa,  500;  McCune  v.  Swafford,  5  Iowa,  552;  Lippencott  v.  Allander, 
23  Iowa,  536.  In  all  of  these  cases  it  is  held  that  there  is  no  appeal 
from  the  county  court  or  the  board  of  supervisors,  unless  the  griev- 
ance is  of  a  personal  or  individual  character  as  distinguished  from 
the  public;  and  hence  by  analogy  it  is  claimed  that  there  is  no  appeal 
from  the  board  of  school  directors  unless  the  grievance  is  of  a  like 
character.  If  the  right  of  appeal  in  the  two  cases  was  derived  from 
the  same  statute,  the  decisions  cited  above  would  be  conclusive.  But 
these  decisions  are  based  upon  section  267,  Revision  of  1860,  in  which 


SCHOOL  LAW  DECISIONS.  37 

Joseph  F.  Edwards  et  al.  v.  District  Township  of  West  Point. 

the  right  of  appeal  is  limited  to  "  any  matter  affecting  the  rights  or 
interests  of  individuals  as  distinguished  from  the  public,"  etc.;  while 
appeals  to  county  superintendents  are  based  on  section  2133,  Revis- 
ion 1860,  which  provides  that  "any  person  aggrieved  by  any  decis- 
ion or  order  of  the  district  board  of  directors  in  matter  of  law  or 
fact,"  may  appeal,  etc. 

As  section  2133  does  not  limit  the  right  of  appeal  in  cases  of  per- 
sonal grievance,  the  decisions  cited  have  no  application  in  the  case 
under  consideration. 

The  important  point  upon  which  the  issue  in  this  case  must  turn 
remains  to  be  stated.  The  meeting  at  which  the  change  of  subdis- 
trict  boundaries  was  made  was  attended  by  six  of  the  eight  members 
of  the  board,  and  after  a  full  discussion  of  the  proposed  change  and 
an  examination  of  plats  of  the  district,  the  change  was  made  by 
unanimous  vote,  and  subsequently  approved  by  one  of  the  absent 
members.  The  remaining  subdirector,  who  resides  in  the  subdistrict 
from  which  the  territory  was  taken,  opposes  the  change.  It  is  not 
claimed  that  the  law  was  violated  in  the  change,  but  only  that  the 
educational  interests  of  the  district  were  impaired. 

The  question  is  not  so  much  one  of  law  as  of  sound  judgment  and 
discretion.  The  change  was  approved  by  seven  of  the  eight  members 
of  the  board,  who  reside  in  different  parts  of  the  township,  six  of 
whom  at  least  are  absolutely  without  personal  interest  in  the  matter. 
It  is  opposed  by  one  whose  pecuniary  interests  are  contingently  ad- 
versely affected.  The  county  superintendent  opposes  his  judgment 
to  the  judgment  of  the  board.  What,  in  such  a  case,  is  the  duty  of 
the  ultimate  tribunal. 

The  superintendent  of  public  instruction  has,  as  in  duty  bound,  an 
earnest  desire  to  sustain  the  acts  and  decisions  of  county  superintend- 
ents. The  legal  presumption  is  always  in  favor  of  the  correctness  of 
official  acts  and  decisions.  While  the  state  superintendent  applies 
this  principle  to  county  superintendents,  it  is  equally  incumbent  upon 
them  to  apply  it  to  the  decisions  or  orders  of  district  boards  of  direct- 
ors. It  not  unfrequently  happens  that  county  superintendents  decide 
appeal  cases  upon  their  own  judgment  and  discretion  as  if  they  had 
original,  instead  of  appellate  jurisdiction;  and  fail  to  give  that  con- 
sideration to  the  discretion  of  district  boards,  which  the  above  prin- 
ciple requires. 


38  SCHOOL  LAW  DECISIONS. 

Joseph  F.  Edwards  et  al.  Y.  District  Township  of  West  Point. 

The  law  prescribing  the  duties  of  boards  of  directors  is,  in  some 
respects,  mandatory,  requiring  that  certain  specified  duties  shall  be 
performed  in  a  particular  manner.  In  other  cases,  the  board  acts  as 
a  local  legislature,  and  its  action  is  discretionary.  Among  these  dis- 
cretionary powers,  though  not  including  all  of  them,  are  the  estab- 
lishment and  change  of  subdistrict  boundaries  and  the  location  of 
school-houses.  It  has  been  doubted  by  some  whether  an  appeal  to  the 
county  superintendent,  from  acts  of  the  board  wholly  discretionary, 
would  lie.  While  the  right  of  appeal  in  such  cases  is  maintained,  the 
real  character  should  not  be  lost  sight  of;  and  the  action  of  the  board 
within  the  limits  of  the  law  should  not  be  reversed  unless  it  is  evident 
that  it  acted  with  passion,  prejudice,  or  manifest  injustice.  It  is  a 
general  principle  in  law  that  the  exercise  of  discretionary  power  will 
not  be  interfered  with  unless  it  is  fully  apparent  that  such  power  has 
been  abused.  For  further  remarks  on  discretionary  power  and  the 
manner  of  proving  its  abuse,  reference  is  made  to  the  case  of  Dough- 
erty v.  Tracy,  county  superintendent. 

In  changing  subdistrict  boundaries,  and  locating  school-houses,  the 
law  gives  the  board  of  directors  original  jurisdiction,  and  as  it  is  dis- 
cretionary power  the  action  of  the  board  should  be  affirmed  on  appeal, 
unless  it  is  fully  apparent  by  the  evidence  that  the  board  violated  law 
or  abused  its  discretion.  If  there  is  reasonable  doubt  the  board  is  enti- 
tled to  its  benefit.  The  action  of  the  board  may  not  be  wholly  approved 
by  the  judgment  of  the  county  superintendent,  but  if  it  be  not  illegal 
or  clearly  unjust  it  should  be  sustained.  When,  however,  county  su- 
perintendents feel  called  upon  to  reverse  decisions  of  school  boards, 
they  should  give  a  clear  and  explicit  statement  of  their  reasons  for  so 
doing,  that  the  superintendent  of  public  instruction  may  be  the  better 
enabled  to  judge  of  the  soundness  of  their  conclusions. 

These  general  remarks  have  been  made  with  a  view  to  guide  county 
superintendents  in  their  decisions,  as  well  as  to  indicate  some  of  the 
principles  which  will  be  observed  by  the  superintendent  of  public  in- 
struction in  the  adjudication  of  similar  cases. 

In  the  particular  case  under  consideration,  the  board  of  directors, 
with  unusual  unanimity,  performed  a  discretionary  act.  It  is  not 
claimed  that  this  act  was  illegal  or  the  board  was  influenced  by  im- 
proper motives.  It  is  not  satisfactorily  proven  that  the  act  was 


SCHOOL  LAW  DECISIONS.  39. 

James  C.  Smith  v.  District  Township  of  Maquoketa. 

unjust.  In  our  opinion,  the  evidence  does  not  sustain  the  county 
superintendent  in  annulling  the  order  of  the  board,  and  his  decision 
is  therefore 

REVERSED. 

D.  FRANKLIN  WELLS. 
Superintendent  of  Public  Instruction. 
February  15,  1868. 


JAMES  C.  SMITH  v.  DISTRICT  TOWNSHIP  OP  MAQUOKETA. 
Appeal  from  Jackson   County. 

1.  AFFIDAVIT.    The  affidavit  may  be  amended  when  such  action  is  not 

prejudicial  to  the  rights  of  any  party  interested. 

2.  COUNTY  SUPERINTENDENT.    May  upon  appeal  create  subdistrict. 

At  the  regular  semi-annual  meeting  of  the  board  of  directors  of  the 
district  township  of  Maquoketa,  in  September,  1867,  Jacob  Markle  and 
twenty-seven  others  presented  a  petition,  asking  that  all  of  that  portion 
of  subdistrict  number  five,  lying  south  of  the  Maquoketa  river,  should 
be  set  off  into  a  separate  subdistrict.  The  prayer  of  the  petition  was 
refused,  whereupon  James  C.  Smith,  one  of  the  petitioners,  appealed 
to  the  county  superintendent,  who  reversed  the  action  of  the  board 
and  created  a  new  subdistrict  south  of  the  river.  From  this  decision 
D.  F.  Farr  and  E.  H.  Patterson  appealed  to  the  state  superinten- 
dent. 

The  evidence  discloses  the  following  facts:  Subdistrict  number  five 
is  divided  by  the  Maquoketa  river  into  two  nearly  equal  portions,  the 
school-house  being  situated  on  the  north  side  of  the  river.  Said  river 
is  a  navigable  stream,  the  only  means  of  crossing  it  being  the  ice  in 
winter  and  a  ferry  in  summer.  It  is  subject  to  freshets,  and  obstruc- 
tions from  ice,  so  as  to  be  impassable  for  days  in  succession.  The 
weight  of  evidence  shows  the  river  to  be  such  an  obstruction  that 
children  cannot,  with  reasonable  facility,  enjoy  the  advantages  of  a 
school  on  the  opposite  side  from  that  on  which  they  reside.  That 
this  difficulty  was  recognized  by  the  board  is  evidenced  by  the  fact 


40  SCHOOL  LAW  DECISIONS. 

James  C.  Smith  v.  District  Township  of  Maquoketa. 

that  an  appropriation  of  forty  dollars  was  made  last  summer  to  sup- 
port a  school  in  that  part  of  the  subdistrict  south  of  the  river.    Some 
children  have  never  attended  school  north  of  the  river  because  their 
parents  consider  the  crossing  of  the  river  fraught  with  danger. 
The  appellant  assigns  three  errors: 

1.  The  insufficiency  of  the  affidavit  of  J.  C.  Smith,  and  the  conse 
quent  want  of  jurisdiction  by  the  county  superintendent. 

2.  That  the  county  superintendent  permitted  said  affidavit  to  be 
amended  on  the  day  of  trial,  thus  admitting  its  insufficiency. 

3.  That  the  county  superintendent  divided  said  subdistrict  num- 
ber five  into  two  subdistricts. 

The  system  of  appeals  to  county  superintendents  was  inaugurated 
to  provide  a  speedy  and  inexpensive  method  of  adjusting  difficulties 
arising  in  the  administration  of  school  laws.  From  the  fact  that 
many  of  the  cases  arising  are  prosecuted  by  the  parties  interested 
without  the  intervention  or  assistance  of  lawyers,  no  very  stringent 
rules  of  practice  ha  ye  been  adopted.  The  object  of  this  system  of 
appeals  is  to  promote  uniformity  in  the  operation  of  school  laws,  and 
the  attainment  of  substantial  justice;  and  this  object  should  not  be 
defeated  by  technical  objections. 

While  the  affidavit  of  said  Smith  was  not  as  full  as  it  is  customary 
to  make  such  papers,  it  yet  had  such  completeness  as  enabled  the 
county  superintendent  to  obtain  a  transcript  of  the  proceedings  of 
the  board  relating  to  the  alleged  grievance;  and  the  ruling  of  the 
county  superintendent  on  the  first  two  points  is  sustained.  It  is 
neither  intimated  nor  believed  that  the  irregularities  complained  of 
prejudiced  the  interests  of  appellants. 

The  law  imposes  equal  burdens  upon  all  property  in  the  township 
for  contributions  to  the  teachers  fund  and  the  contingent  fund,  and 
it  contemplates  that  all  the  youth  of  the  state  shall  enjoy  as  nearly 
as  practicable  equal  educational  facilities.  The  county  superintend- 
ent, by  his  appellate  jurisdiction,  had  power  to  create  the  new  subdis- 
trict. As  by  the  evidence,  the  youth  south  of  the  river  could  not 
with  reasonable  facility  enjoy  the  advantages  of  a  school  on  the  north 
side  the  county  superintendent  was  justified  in  interfering  with  the 


SCHOOL  LAW  DECISIONS.  41 

8.  L.  Curry  v.  District  Township  of  Franklin. 

discretionary  powers  of  the  board,  and  in  establishing  a  new  subdis- 
trict  south  of  the  river. 

AFFIRMED. 
D.  FRANKLIN  WELLS, 

Superintendent  of  Public  Instruction. 
February  15,  1868. 


S.  L.  CUERY  v.  DISTRICT  TOWNSHIP  OF  FRANKLIN. 

Appeal  from  Decatur  County. 

1.  COUNTY  SUPERINTENDENT.    Has  no  jurisdiction  of  an  appeal  until  an 
affidavit  is  filed. 

2.  AFFIDAVIT.    An  affidavit  is  a  statement  in  writing,  signed  and  made 
upon  oath  before  an  authorized  magistrate. 

3.  NOTICE.    The  county  superintendent  should  not  issue  notice  of  final 
hearing  until  both  the  affidavit  and  transcript  of  the  district  secretary 
have  been  filed  in  his  office. 

4.  DISCRETIONARY  ACTS.    May  be  reversed  on  appeal,  but  should  not  be 
disturbed  except  upon  evidence  of  unjust  exercise  or  abuse. 

December  16,  1867,  at  a  special  meeting  of  the  board,  a  vote  to 
change  the  boundaries  of  subdistricts  in  the  district  township  of 
Franklin,  Decatur  county,  so  as  to  form  a  new  subdistrict  in  accord- 
ance with  the  prayer  of  petitioners,  resulted  in  a  tie.  From  this 
virtual  refusal  to  act,  S.  L.  Curry  appealed  to  the  county  superintend- 
ent, who  on  the  31st  of  the  same  month  formed  a  new  subdistrict. 

Appellant  alleges  in  his  affidavit  that  the  county  superintendent 
assumed  jurisdiction  of  this  case  without  warrant  of  law;  that  there 
never  was  "  at  any  time  an  affidavit  or  any  other  statement  in  said 
appeal  case  filed  in  the  office  of"  the  county  superintendent;  hence 
the  want  of  jurisdiction. 

The  "act  to  provide  for  appeals,"  section  two,  provides  that  "The 
basis  of  proceeding  shall  be  an  affidavit,  filed  by  the  party  aggrieved, 
with  the  county  superintendent,  within  the  time  allowed  for  taking 
the  appeal."  An  affidavit  is  a  statement  in  writing,  signed  and  made 

6 


42  SCHOOL  LAW  DECISIONS. 

S.  L.  Curry  v.  District  Township  of  Franklin. 

upon  oath  before  an  authorized  magistrate.  A  county  superintendent 
can  have  no  proper  jurisdiction  of  an  appeal  case  until  such  affidavit 
has  been  filed.  A  notice  of  intention  to  file  an  affidavit,  a  verbal 
complaint,  or  a  petition,  is  not  sufficient  to  give  the  county  superin- 
tendent jurisdiction  in  appeal  cases.  The  affidavit  setting  forth  "the 
errors  complained  of  in  a  plain  and  concise  manner"  must  be  in  his 
hands  before  he  is  justified  in  commencing  proceedings.  The  deci- 
sion of  the  superintendent  recites  that  the  affidavit  was  filed  Decem- 
ber 21,  which  might  be  taken  as  conclusive,  if  it  was  not  contradicted 
by  the  record.  The  transcript  shows  that  said  affidavit  was  not  sub- 
scribed and  sworn  to  until  December  28,  hence  we  do  not  clearly  see 
how  it  could  have  been  filed  on  the  21st. 

December  24,  four  days  before  the  affidavit  was  made,  and  which 
appellant  alleges  was  never  filed  with  the  superintendent,  said  super- 
intendent gave  notice  to  the  parties  that  the  hearing  would  take 
place  on  the  30th.  This  proceeding,  as  an  appeal  case,  was  entirely 
unauthorized  by  law;  and  as  he  commenced  proceedings  in  disregard 
of  the  plain  provisions  of  law  and  without  legal  jurisdiction,  his  de- 
cision is  annulled.  In  may  be  said,  and  not  without  authority,  that 
as  both  parties  responded  to  the  notice,  and  came  before  the  superin- 
tendent, that  he  thereby  acquired  jurisdiction;  but  we  feel  unwilling 
to  sanction  disregard  of  law  by  approving  such  great  irregularities. 

Without  touching  the  real  merits  of  the  question  at  issue,  the 
formation  of  a  new  subdistrict,  which  we  are  willing  to  leave  to  the 
local  authorities,  we  refer  briefly  to  a  few  points  of  law  raised  by 
appellants: 

1.  The  county  superintendent  should  not  issue  notice  of  final  hear- 
ing until  both  the  affidavit  and  the  transcript  of  the  district  secretary 
have  been  filed  in  his  office. 

2.  The  law  does  not  require  that  a  revenue  stamp  shall  be  affixed 
to  an  affidavit;  hence  the  neglect  to  cancel  such  stamp  when  affixed  is 
immaterial. 

3.  Though  the  change  of  subdistrict  boundaries  by  the  board  is  a 
discretionary  act,  it  may  be  reviewed  by  the  county  superintendent, 
on  appeal;  but  the  decision  of  the  board  should  not  be  disturbed 
unless  said  discretionary  power  has  been  abused  or  exercised  un- 
justly. 


SCHOOL  LAW  DECISIONS. 


43 


C.  S.  Gordon  v.  District  Township  of  Brown. 


4.  The  county  superintendent  should  have  received  the  remon- 
strances offered  on  trial  in  evidence,  and  exercised  his  judgment  as 
to  their  weight  and  value. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 
March  26,  1868. 


C.  S.  GORDON  v.  DISTRICT  TOWNSHIP  OP  BROWN. 

Appeal  from  Linn  County. 

\.  DISTRICT  TOWNSHIP.    Should  not  ordinarily  contain  more  than  nine 
subdistricts. 

2.  COUNTY  SUPERINTENDENT.    Should  not  reverse  an  action  of  the  board 

which  is  in  accordance  with  instructions  of  the  superintendent  of  public 
instruction. 

3.  SUBDISTRICT:  Size  of.    There  are  serious  objections  to  the  formation  of 

small  subdistricts. 

The  board  of  the  district  township  of  Brown,  Linn  county,  Iowa, 
at  a  meeting  held  February  8,  1868,  and  attended  by  all  the  members 
of  the  board,  except  one,  voted  unanimously  to  redistrict  the  district 
township,  and  to  relocate  school-house  sites  in  accordance  with  a  de- 
cision of  the  superintendent  of  public  instruction,  rendered  January 
18,  1868,  and  in  accordance  with  a  plat  submitted.  From  the  action 
of  the  board  in  this  matter  Charles  S.  Gordon  appealed  to  the  super- 
intendent, by  whom  the  case  was  heard  March  12,  1868,  and  whose 
decision,  rendered  the  following  day,  reversed  the  action  of  the  board, 
on  the  ground  of  alleged  non-compliance  with  the  decision  of  the 
superintendent  of  public  instruction,  as  rendered  on  the  said  January 
28,  1868,  in  the  case  of  Gordon  v.  District  Township  of  Brown. 

The  decision  of  the  superintendent  of  public  instruction  above 
referred  to,  was  provisory.  It  declared  that  if  the  board  of  directors 
should  promptly  make  certain  changes  therein  indicated,  that  the 
decision  of  the  county  superintendent,  made  November  12,  1867, 


44  SCHOOL  LAW  DECISIONS. 

C.  S.  Gordon  v.  District  Township  of  Brown. 

forming  a  new  subdistrict,  should  be  void;  otherwise,  in  full  force 
and  effect.  It  required  that  school-house  sites  should  be  selected  "at 
or  near"  certain  points  named;  thus  giving  the  board  limited  discre- 
tion in  their  location,  and  full  discretion  in  regard  to  the  boundaries 
of  subdistriots.  In  one  instance,  a  site  was  selected  about  one-fourth 
of  a  mile  from  the  point  indicated;  but  as  the  plat  showed  that  it  was 
at  the  crossing  of  two  roads,  and  that  is  was  nearer  the  center  of  the 
flubdistrict  as  established  by  the  board,  this  variation  was  approved. 
The  other  sites  selected  by  the  board  did  not  vary  from  the  points 
indicated  in  the  decision.  The  changes  made  by  the  board  on  the 
said  eighth  day  of  February,  were  submitted  to  the  superintendent  of 
public  instruction,  who,  March  3,  gave  them  his  official  sanction  and 
approval. 

Mr.  Gordon's  appeal  was  based  principally  upon  the  fact  that  one 
of  the  sites,  as  explained  above,  was  not  at  the  precise  point  indicated 
by  the  decision  of  the  superintendent  of  public  instruction;  and 
hence,  as  the  board  had  not  strictly  complied  with  the  proviso  of  said 
decision,  the  decision  of  the  county  superintendent,  made  November 
12,  1867,  establishing  a  new  subdistrict,  was  in  full  force  and  effect, 
and  should  have  been  regarded  by  the  board. 

In  support  of  its  action  the  board  offered  in  evidence  the  official 
approval  of  the  superintendent  of  public  instruction;  this,  however, 
was  ruled  out  by  the  county  superintendent,  on  the  alleged  ground 
that  it  was  "ex  parte  testimony"  obtained  by  one  party  after  the  in- 
auguration of  the  appeal,  without  notice  to  the  other  party.  In  this 
ruling  the  county  superintendent  erred.  The  decision  of  the  super- 
intendent of  public  instruction  being  provisory,  it  was  competent  for 
him  to  confirm  the  subsequent  action  of  the  board  in  relation  thereto, 
and  to  determine  whether  the  location  of  sites  made  was,  under  the 
circumstances,  a  sufficient  compliance  with  the  decision.  The  phrase 
"at  or  near"  implied  that  there  might  be  a  variation  from  the  precise 
point  named,  and  when  this  variation  was  officially  approved,  it  was 
binding  upon  the  county  superintendent. 

The  provisory  decision  of  January  28,  permitted  the  board  to  exer- 
cise all  the  discretionary  power  in  redistricting  which  the  law  con- 
fers. From  their  exercise  of  this  power,  also,  the  plaintiff  appeals. 
The  record  shows  that  there  are  now  ten  subdistricts  in  Brown  dis- 


SCHOOL  LAW  DECISIONS.  45 

C.  S.  Gordon  v.  District  Township  of  Brown. 

trict  township  ;  but  the  plaintiff  wishes  another  formed  which  shall 
contain  only  one  and  one-fourth  sections.  In  our  opinion  there  are 
serious  objections  to  the  formation  of  small  subdistricts.  The~Bmall 
number  of  children  and  small  amount  of  taxable  property  which  they 
will  usually  contain,  will  insure  but  a  feeble  support  for  the  schools. 
Cheap  teachers,  short  terms  of  school,  and  poor  schools  will  inevita- 
bly result.  Not  every  man  can  have  a  public  school  in  his  own  im- 
mediate neighborhood.  It  is  better  that  children  should  go  a  little 
farther,  and  have  a  good  school  when  one  is  reached.  Except  in  pe- 
culiar circumstances,  we  doubt  whether  there  ever  ought  to  be  more 
than  nine  subdistricts  in  any  district  township  of  ordinary  size,  and 
it  might  be  better  to  have  only  six.  A  school  centrally  located  on 
every  four  or  six  sections  of  land,  would  afford  reasonable  facilities 
to  all.  Even  in  populous  districts,  it  would  be  better  to  increase  the 
size  of  the  schools  and  have  more  than  one  teacher  if  necessary  than 
to  adopt  the  disastrous  policy  of  subdivision. 

The  county  superintendent  in  his  lengthy  argument  in  support  of 
his  decision,  dwells  upon  some  slight  discrepancies  in  the  secretary's 
transcript.  At  a  meeting  of  the  board,  February  8,  it  appears  that  a 
motion  was  made  to  "proceed  to  redistrict,"  etc.  One  transcript  says 
this  motion  carried  ;  the  other  omits  such  a  statement.  The  county 
superintendent  alleges  that  it  was  carried  "by  only  one  vote."  Whether 
it  carried  or  not  is,  under  the  circumstances,  entirely  immaterial ;  as 
a  motion  was  subsequently  unanimously  adopted,  the  yeas  and  nays 
being  called,  to  adopt  a  certain  plat  on  which  the  changed  boundaries 
of  the  subdistricts  were  marked,  and  the  school-house  sites  indicated. 
This  was  the  important  vote  of  the  meeting,  and  in  regard  to  its 
adoption  there  is  no  question.  Even  admitting  that  one  man  did  not 
vote  for  it  as  claimed,  there  was  still  left  more  than  the  legally  required 
number  of  votes.  But  the  integrity  of  an  official  record  cannot  be 
impeached  by  any  such  collateral  proceeding.  It  was  error  to  admit 
evidence  contradicting  the  record. 

The  board  of  directors  had  full  discretionary  powers  in  the  matter 
of  redistricting  the  township  district,  and  the  manner  in  which  they 
exercised  this  power  was  a  proper  subject  of  review  by  the  county 
superintendent  on  appeal.  At  the  time  the  plaintiff's  affidavit  was 
filed,  the  county  superintendent  had  no  knowledge  that  the  acts  of 


SCHOOL  LAW  DECISIONS, 


Ellas  Sipple  v.  District  Township  of  Lester. 


the  board  on  said  8th  day  of  February  had  been  approved  by  the 
superintendent  of  public  instruction,  or  that  they  would  be  so  ap- 
proved; he  therefore  properly  assumed  jurisdiction  of  the  case.  When 
however,  the  action  of  the  superintendent  of  public  instruction  be- 
came known,  the  county  superintendent  should  have  been  governed 
by  it,  and  he  should  have  affirmed  the  action  of  the  board  of  directors 
or  dismissed  the  case. 

For  reasons  heretofore  given,  as  well  as  upon  the  real  merits  of  the 
case,  and  to  promote  the  educational  interests  of  the  district  town- 
ship at  large,  the  decision  of  the  county  superintendent 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 
June  8,  1868. 


ELIAB  SIPPLE  v.  DISTRICT  TOWNSHIP  OF  LESTER. 
Appeal  from  Slack  Hawk  County. 

1.  SUB  DISTRICT  BOUNDARIES:  Change  of.    At  the  hearing  of  an  appeal  be- 
fore the  county  superintendent  it  is  competent  for  him,  upon  his  own 
motion,  to  call  additional  witnesses  to  give  testimony. 

2.  EVIDENCE:  Parol.    Cannot  be  received  in  the  absence  of  allegations  of 
fraud,  to  contradict  or  impeach  the  validity  of  school  district  records. 

3.  EECORD.    The  board  may  at  any  time  amend  the  record  of  the  district, 
when  necessary  to  correct  mistakes  or  supply  omissions.    And  may, 
upon  proper  showing,  be  compelled  by  mandamus,  to  make  such  correc- 
tions. 

At  the  regular  meeting  of  the  board  of  the  district  township  of 
Lester,  held  September  16,  1867,  which  was  attended  by  four  of 
the  seven  members  of  the  board,  motions  were  made  and  seconded 
for  the  creation  of  two  new  subdistricts  whose  boundaries  were 
described  in  the  motions.  In  regard  to  the  action  on  these  motions 
the  record  of  the  secretary  contains  merely  the  word  "  carried."  At 
a  special  meeting  of  the  board,  held  February  15,  1868,  the  action 
of  the  board  in  September  in  relation  to  the  formation  of  new  sub- 


SCHOOL  LAW  DECISIONS.  47 

EliaS  Sipple  v.  District  Township  of  Lester. 

districts  was  "reconsidered"  and  "rescinded."  From  the  February  ac- 
tion Elias  Sipple  appealed  to  the  county  superintendent.  During  the 
progress  of  the  hearing,  which  took,  place  March  20,  1868,  the-county 
superintendent  called  upon  one  of  the  four  members  of  the  board  that 
attended  the  September  meeting,  who  testified  that  he  did  not  vote  for 
the  motion  to  create  a  new  subdistrict.  As  it  thus  appeared  that  the 
new  subdistricts  were  not  established  by  a  vote  of  a  majority  of  all  the 
members  of  the  board,  as  required  by  law;  and  as  said  September  ac- 
tion was  rescinded  at  a  full  meeting  of  the  board  in  February,  the 
county  superintendent,  considering  the  formation  of  the  subdistricts 
illegal  and  void,  dismissed  the  appeal.  From  this  decision  Barney 
Wheeler  appeals  to  the  superintendent  of  public  instruction. 

Appellant  alleges  substantially  that  the  county  superintendent 
erred  as  follows: 

1.  In  himself  calling  a  witness  to  give  testimony. 

2.  In  receiving  testimony  to  impeach  the  district  record,  which  is 
claimed  to  be  valid  and  binding  after  thirty  days. 

3.  In  dismissing  the  appeal. 

4.  In  not  establishing  the  subdistricts. 

The  law  requires  the  county  superintendent  to  gwe  a  "just  and 
equitable"  decision,  and  as  the  calling  of  additional  witnesses  may 
sometimes  enable  him  to  discharge  this  duty  more  faithfully,  his  ac- 
tion in  this  respect  is  sustained. 

The  second  error  assigned  really  includes  two  distinet  points,  which 
will  be  considered  separately;  and  first,  in  regard  to  the  impeachment 
of  the  district  record.  The  law  provides  for  an  annual  meeting  of  the 
electors  of  the  district  township,  and  for  semi-annual  and  special 
meetings  of  the  board  of  directors;  also  that  "the  secretary  shall  re- 
cord all  the  proceedings  of  the  board  and  district  meetings  in  separate 
books  kept  for  that  purpose."  It  is  a  general  principle  of  law  that 
"oral  evidence  cannot  be  substituted  for  any  instrument  which  the 
law  requires  to  be  in  writing,  such  as  records,  public  documents,"  etc. 
1  Greenleaf  s  Evidence,  §  86.  "It  is  a  well  settled  rule  that,  where 
the  law  requires  the  evidence  of  a  transaction  to  be  in  writing,  oral 
evidence  cannot  be  substituted  for  that,  so  long  as  the  writing  exists 
and  can  be  produced;  and  this  rule  applies  as  well  to  the  transactions 
of  public  bodies  and  officers  as  to  those  of  individuals."  The  People  v. 


48  SCHOOL  LAW  DECISIONS. 

Ellas  Sipple  v.  District  Township  of  Lester. 

Zeyst,  23  N.  Y.,  142.  In  the  case  of  Taylor  v.  Henry,  2  Pick.  397,  the 
supreme  court  of  Massachusetts  held  that  an  omission  in  the  records 
of  a  town  meeting  could  not  be  supplied  by  parol  evidence.  Chief 
Justice  Shaw,  in  discussing  the  case,  said  that  it  would  be  "dangerous 
to  admit  such  a  proof."  Mr.  Starkie,  in  his  valuable  treatise  on  Evi- 
dence, says:  "Where  written  instruments  are  appointed  either  by  the 
immediate  authority  of  the  law  or  by  the  compact  of  the  parties,  to  be 
the  permanent  repositories  and  testimony  of  truth,  it  is  a  matter  both 
of  principle  and  of  policy  to  exclude  any  inferior  evidence  from  being 
used  either  as  a  substitute  for  such  instruments  or  to  contradict  or 
alter  them;  of  principle,  because  such  instruments  are,  in  their  own 
nature  and  origin,  entitled  to  a  much  higher  degree  of  credit  than  that 
which  appertains  to  parol  evidence;  of  policy,  because  it  would  be  at 
tended  with  great  mischief  and  inconvenience,  if  those  instruments 
upon  which  men's  rights  depend  were  liable  to  be  impeached  and  con- 
troverted by  loose  collateral  evidence."  Starkie,  part  IV,  page  995, 
volume  III,  3d  Am.  Ed. 

The  reason  of  the  rule  upon  which  the  courts  agree  with  such  en- 
tire unanimity  applies  with  force  in  the  case  now  under  considera- 
tion. The  records  of  the  district  and  board  meetings  contain  a  state- 
ment of  the  regulations  adopted,  and  the  acts  done  in  the  exercise  of 
the  powers  with  which  the  respective  bodies  are  invested  by  the  law. 
They  present  to  all  the  citizens  of  the  district  township,  in  a  perma- 
nent form,  certain  and  definite  information  which  could  be  obtained, 
with  equal  certainty,  in  no  other  way.  Memory  is  defective,  but  the 
secretary  records  the  transactions  as  they  occur.  The  actors  change 
from  year  to  year,  but  the  record  is  permanent.  And  though  the  ad- 
mission of  oral  testimony  to  alter  a  record  or  to  supply  an  omission 
therein  might  sometimes  promote  the  attainment  of  justice,  the  prev- 
alence of  such  a  practice  would  result  in  more  evil  than  good.  It  is 
held,  therefore,  that  in  the  absence  of  alleged  fraud  the  county  super- 
intendent errs  in  admitting  parol  evidence  to  contradict  or  impeach 
the  record  of  the  September  meeting  of  the  board. 

In  regard  to  the  other  part  of  the  second  point  a  few  words  will 
suffice.  The  counsel  for  appellant  urges  that  though  the  record  of 
the  September  meeting  was  imperfect,  the  lapse  of  thirty  days  made 
the  record  valid  and  binding  upon  the  district.  It  is  true  that  the 


SCHOOL  LAW  DECISIONS.  49 

Elias  Sipple  v.  District  Township  of  Lester. 

right  to  take  an  appeal  to  the  county  superintendent  expires  after 
thirty  days;  but  I  am  unable  to  see  how  the  lapse  of  time  will  vali- 
date what  was  before  invalid.  The  secretary  is  the  proper  custodian 
of,  the  records  of  the  school  district,  and  before  the  record  of  the 
proceedings  of  the  board  has  been  approved  or  adopted  by  the  board, 
the  secretary  may  amend  them  by  supplying  omissions,  or  otherwise 
correcting  them.  After  they  have  been  approved  they  may  be 
amended  and  corrected  by  direction  of  the  board,  even  after  the 
lapse  of  thirty  days.  In  Massachusetts  a  town  clerk  is  permitted  to 
amend  the  record  in  order  to  supply  defects,  even  after  a  suit  involv- 
ing a  question  respecting  them  has  been  commenced.  I  am  of  the 
opinion  that  if  the  secretary  or  board  of  directors  decline  to  make 
necessary  corrections  in  the  record,  that  a  party  interested  may  pro- 
ceed by  mandamus  to  compel  the  correction.  If  the  record  is  to  be 
impeached  it  must  be,  in  the  absence  of  fraud,  by  a  direct  proceed- 
ing instituted  for  that  purpose,  and  not  by  a  collateral  or  indirect 
method.  The  People  v.  Zeyst,  23  N.  Y.,  147-8. 

The  district  record  in  this  case  is  not  as  full  as  it  might  with  pro- 
priety be.  The  law  provides  that  the  boundaries  of  subdistricts  shall 
not  be  changed  except  by  the  vote  of  a  majority  of  the  members  of 
the  board.  The  record  fails  to  show  that  this  requirement  of  the 
law  was  complied  with  at  the  September  meeting.  The  secretary 
says  the  motion  to  redistrict  "  carried."  This  is  his  opinion,  but  he 
fails  to  give  the  fact  upon  which  it  is  based.  Four  of  the  seven 
members  were  present,  but  he  does  not  say  who,  or  how  many  voted 
for  the  change.  Properly  this  should  have  been  stated.  When, 
however,  the  district  record  declares  that  a  motion  was  "  carried," 
the  law  will  presume  that  it  was  carried  in  accordance  with  the  re- 
quirements of  the  statute;  though  there  is  reason  to  believe  that  the 
presumption  in  this  instance  is  a  violent  one.  It  follows  that  there 
was  no  legal  evidence  that  the  subdistricts  were  not  established  in 
accordance  with  law;  hence,  the  conclusion  is  inevitable  that  the 
county  superintendent  erred  in  dismissing  the  appeal  for  the  cause 
assigned. 

At  the  commencement  of  the  trial  and  again  during  its  progress, 
the  defendant  moved  the  county  superintendent  to  dismiss  the  case 
on  account  of  the  insufficiency  of  the  affidavit.  The  affidavit  of  Mr. 


50  SCHOOL  LA.W  DECISIONS. 

Elias  Sipple  v.  District  Township  of  Lester. 

Sipple  is  not  as  full  as  it  is  usual  to  make  affidavits  in  such  cases,  yet 
it  "  set  forth  the  errors  complained  of  "  with  such  plainness  and  con- 
ciseness as  enabled  the  county  superintendent  to  obtain  the  neces- 
sary transcripts,  and  this  is  all  that  the  law  really  requires.  Rev. 
1860,  §  2135.  It  has  not  been  customary  heretofore  to  enforce  any 
particular  form  of  affidavit,  and  the  county  superintendent's  ruling 
refusing  to  dismiss  on  defendant's  motion  is  sustained. 

As  the  testimony  appears  not  to  have  been  all  in  when  the  case  was 
dismissed  by  the  county  superintendent,  no  opinion  can  be  given  in 
regard  to  the  propriety  or  necessity  of  establishing  the  proposed  new 
subdistricts. 

The  case  is,  therefore,  returned  to  the  county  superintendent,  who 
will  proceed  with  the  hearing,  first  allowing  a  reasonable  time  for  the 
correction  of  the  district  record  or  for  the  enforcement  of  its  cor- 
rection, should  such  correction  be  deemed  necessary  by  either  of  the 
interested  parties.  Should  the  district  record  be  amended  so  as  to 
show  conclusively  that  the  said  subdistricts  were  not  legally  formed 
at  the  said  meeting  in  September,  it  will  follow  that  the  said  subdis- 
tricts never  had  a  legal  existence,  and  that  the  plaintiff  could  not  be 
aggrieved  by  the  action  of  the  February  meeting,  hence  the  county 
superintendent  will  determine  the  case  in  favor  of  the  appellee. 
Should  said  record  not  be  amended,  or  should  it  be  amended  so  as  to 
show  clearly  that  said  subdistricts  were  established  in  all  respects  in 
conformity  with  law,  the  question  of  establishing  the  new  subdis- 
tricts, or  more  properly  retaining  their  organization,  will  be  deter- 
mined upon  its  merits. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

July  23,  1868. 


SCHOOL  LAW  DECISIONS. 


E.  J.  Miner  v.  District  Township  of  Cedar. 


E.  J.  MINER  v.  DISTRICT  TOWNSHIP  OF  CEDAR. 
Appeal  from  Floyd  County. 

1.  CONTESTED  ELECTION:  Jurisdiction.  The  proper  method  of  determin- 
ing a  contested  election  for  school  director  is  by  an  action  brought  in 
the  district  court. 

2  ELECTION:    Evidence  of.    The  certificate  of  the  officers  of  the  annual 
subdistrict  meeting  is  the  legal  evidence  of  election  as  subdirector,  and 
as  a  general  rule  a  board  of  directors  is  justified  in  declining  to  recog- 
nize a  person  as  a  member  of  the  board  until  he  produces  such  certificate. 

3  EVIDENCE.    Where  the  law  requires  the  evidence  of  a  transaction  to  be 
in  writing,  oral  evidence  can  be  substituted  for  it  only  when  the  writing 
cannot  be  produced. 

At  the  regular  meeting  of  the  board  of  directors  of  the  district 
township  of  Cedar,  Floyd  county,  in  March  1868,  E.  J.  Miner  ap- 
peared and  filed  his  oath  of  office  as  director  of  subdistrict  number 
three  of  said  district  township,  and  claimed  recognition  as  a  member 
of  the  board  from  said  subdistrict.  The  said  Miner  failed  to  present 
to  the  board  the  certificate  of  the  officers  of  the  subdistrict  meeting 
or  any  other  evidence  of  his  election,  except  his  own  verbal  statement. 
It  was  alleged  in  the  board  that  he  was  not  legally  elected.  Under 
these  circumstances,  the  board  refused  him  a  seat  and  recognized  his 
predecessor  as  holding  over.  From  this  order  the  said  Miner  ap- 
pealed to  the  county  superintendent;  who  after  a  full  hearing  of  the 
manner  in  which  the  election  was  conducted,  reversed  the  order  of 
the  board,  and  directed  that  the  said  Miner  should  be  recognized  as 
director  of  subdistrict  number  three,  and  as  a  member  of  the  board 
of  directors.  From  this  decision  an  appeal  is  taken  by  A.  J.  Sweet, 
president  of  the  board  of  directors.  The  above  are  but  a  small  por- 
tion of  the  facts  presented  in  the  well  arranged  transcript  of  the 
county  superintendent,  but  yet  all  that  are  material  to  the  issues  in- 
volved. 

The  case  presented  by  these  facts  is  similar  to  that  of  Ockerman  v. 
District  Township  of  Hamilton,  and  must  be  governed  by  the  same 
principles.  It  was  there  held  that  the  only  proper  way  of  determin- 


52  SCHOOL  LAW  DECISIONS. 

E.  J.  Miner  v.  District  Township  of  Cedar. 

ing  a  contested  school  election  or  the  right  of  exercising  any  public 
office  or  franchise,  is  by  an  action  in  the  nature  of  quo  warranto 
brought  in  the  district  court.  It  seems  unnecessary  to  repeat  the 
arguments  there  used.  Reference  is  made  to  that  case  as  well  as  to 
the  19  Iowa,  199;  18  Iowa,  59;  16  Iowa,  369;  17  Iowa,  .365;  and  the 
other  cases  there  cited.  The  principle  involved  in  the  preceding 
references  was  recognized  by  the  county  superintendent,  when  he 
said  in  his  decision  that  "  the  board  of  directors  has  no  jurisdiction 
to  inquire  into  the  legality  of  the  election  of  its  members."  \Vhen 
this  just  conclusion  was  reached,  the  case  should  have  been  dismissed, 
for  the  county  superintendent  can  do  on  appeal  only  what  the  board 
itself  might  legally  have  done. 

The  county  superintendent  held  that  as  the  president  of  the  subdis- 
trict  meeting  refused  to  sign  a  certificate  of  election  for  the  said 
Miner,  that  the  board  might  receive  other  evidence  of  his  election. 
In  this  the  county  superintendent  departed  from  well  established 
legal  principles.  The  school  law  provides  that  at  the  meeting  of  the 
electors  of  the  subdistrict  on  the  first  Monday  in  March,  "a  chairman 
and  secretary  shall  be  appointed,  who  shall  act  as  judges  of  the  elec- 
tion, and  give  a  certificate  of  election  to  the  subdirector  elect."  It  is 
a  well  settled  rule,  that  where  the  law  requires  the  evidence  of  a 
transaction  to  be  in  writing,  oral  evidence  cannot  be  substituted  for  it 
when  the  writing  can  be  produced;  and  this  rule  applies  alike  to  the 
transactions  of  public  bodies,  officers,  and  individuals.  This  question 
was  discussed  at  some  length  in  the  case  of  Sipple  v.  District  Town- 
ship of  Lester.  Some  of  the  references  made  are:  1  Greenleaf's  Ev., 
§  86;  People  v.  Zeyst,  23  N.  Y.,  142;  2  Pick.,  397;  and  Starkie  on  Ev., 
part  IV,  p.  995,  volume  III,  3d  Am.  Ed. 

There  can  be  no  doubt  that  the  law  contemplates  that  the  certificate 
of  the  officers  of  the  annual  subdistrict  meeting  shall  be  the  legal 
passport  to  a  seat  in  the  board,  and  that,  as  a  general  rule,  a  board  of 
directors  is  justified  in  declining  to  recognize  a  person  as  a  member 
of  the  board  until  such  certificate  is  produced.  If  the  certificate  has 
been  given  and  lost,  the  accident  may  be  remedied  by  other  testi- 
mony. If  it  has  been  illegally  withheld  the  officer  may  be  coerced 
by  mandamus  to  furnish  it.  If  it  has  been  fraudulently  given  the 
law  still  provides  a  remedy. 


SCHOOL  L^W  DECISIONS.  53 

Chiles  Moormaii  v.  District  Township  of  Belmont. 

Nor  can  the  public  interests  suffer  by  this  construction  of  the  law; 
for  if  there  is  no  election,  or  if  there  is  a  failure  to  qualify,  the  stat- 
ute provides  that  the  former  incumbent  of  the  office  of  director  shall 
hold  over  for  another  year. 

By  the  light  of  the  previous  principles,  it  is  evident  that  when, 
under  the  circumstances,  the  county  superintendent  proceeded  to  in- 
vestigate the  rights  of  the  plaintiff  as  a  school  director,  he  exceeded 
his  jurisdiction,  and  that  his  decision  must  therefore  be  overruled. 
The  law  requires  that  the  plaintiff,  Miner,  shall  seek  his  remedy  in 
the  courts.  The  decision  of  the  county  superintendent  is  therefore 
reversed  and  the  case  dismissed. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

July  29,  1868. 


CHILES  MOORMAN  v.  DISTRICT  TOWNSHIP  OF  BELMONT. 
Appeal  from   Warren  County. 

1.  SCHOOL-HOUSE,  fiemoval  of.  A  vote  of  the  electors  of  a  subdistrict  to 
remove  a  school-house,  will  not  compel  the  board  to  act  affirmatively  in 
relation  thereto. 

2  JURISDICTION.  An  application  for  an  appeal  filed  within  thirty  days 
from  the  act  of  the  board  complained  of  will  not  give  the  county  super- 
intendent jurisdiction  of  the  case.  The  appeal  must  be  taken  by  affi- 
davit. 

This  appeal  was  taken  to  the  county  superintendent  to  secure  the 
removal  of  the  school-house  in  subdistrict  number  eight,  of  this  dis- 
trict township. 

At  the  annual  subdistrict  meeting  in  March,  1868,  the  electors  voted 
by  a  large  majority  that  the  removal  should  be  made.  At  the  semi- 
annual meeting  of  the  board  held  March  16, 1868,  a  motion  to  remove 
the  school-house,  in  accordance  with  the  vote  of  the  subdistrict,  was 
lost;  and  from  this  action  of  the  board  the  plaintiff,  by  affidavit,  filed 
with  the  county  superintendent,  May  9,  1868,  took  an  appeal.  Pre- 


SCHOOL  LAW  DECISIONS. 


Chiles  Moorman  v.  District  Township  of  Belmont. 


vious  to  this,  that  is  on  the  28th  of  March,  the  plaintiff  had  filed  with 
the  county  superintendent  an  "application  for  an  appeal."  The 
county  superintendent  assumed  jurisdiction  of  the  case,  and  after  a 
full  hearing  reversed  the  decision  of  the  board  and  ordered  the  re- 
moval of  the  house.  To  this  decision  the  appellant  takes  exception. 

The  power  to  locate  the  site  for  a  school  house  is  vested  in  the 
board  of  directors,  and  the  power  to  "fix  the  site"  carries  with  it  the 
power  to  relocate  the  site.  Vance  v.  District  Township  of  Wilton,  23 
Iowa,  408.  Hence  the  vote  of  the  subdistrict  electors  must  be  con- 
sidered as  advisory  rather  than  mandatory. 

Exception  was  taken  to  the  action  of  the  county  superintendent  on 
the  ground  that  the  appeal  was  not  taken  within  the  thirty  days  re- 
quired by  law,  and  the  record  shows  that  nearly  two  months  had 
elapsed  before  the  filing  of  the  affidavit,  which  by  law  is  made  the 
basis  of  appeal.  It  has  been  decided  in  previous  cases  that  the  right 
of  appeal  can  be  enjoyed  only  within  thirty  days  of  the  rendition  of 
the  decision  complained  of,  and  that  the  appeal  can  be  instituted  only 
by  filing  an  affidavit  with  the  superintendent.  Curry  v.  District 
Township  of  Franklin.  Following  the  line  of  these  decisions  we  are 
compelled  to  hold  that  the  county  superintendent  had  no  proper  juris- 
diction of  this  case,  and  that  his  action  thereon  is  void. 

If  it  is  suggested  that  an  "  application  for  an  appeal "  was  made  be- 
fore the  expiration  of  thirty  days  from  the  board's  decision,  it  must 
be  replied  that  the  law  recognizes  no  such  step  in  the  proceedings. 
The  law  distinctly  provides  that  the  basis  of  appeal  shall  be  "an 
affidavit,  filed  by  the  party  aggrieved  with  the  county  superintendent 
within  the  time  allowed  for  taking  the  appeal."  The  application  for 
an  appeal  is  all  very  well,  provided  the  affidavit  itself  is  filed  within 
the  time  allowed  by  law;  but  the  filing  of  the  "application  for  an 
appeal"  is  an  entirely  superfluous  and  unnecessary  proceeding. 

As  the  case  was  not  properly  before  the  county  superintendent  we 
are  compelled  to  set  aside  his  decision,  and  leave  the  removal  of  the 
school-house  to  the  discretion  of  the  board  of  directors. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction* 
September  11,  1868. 


SCHOOL  LAW  DECISIONS.  55 


Hiram  HalL  et  al.  v.  District  Township  of  Masslllon. 


HIRAM  HALL  et  al.  v.  DISTRICT  TOWNSHIP  OF  MASSILLON. 
Appeal  from   Cedar  County. 

1.  NOTICE.    The  want  of  notice  is  waived  by  the  voluntary  appearance  of 

the  party  for  any  purpose  connected  with  the  cause. 

2.  STJBDISTRICTS.    The  practice  of  cutting  district  townships  into  numerous 

subdistricts  of  small  size,  is  detrimental  to  the  educational  progress  of 
the  state,  and  will  not  be  sustained  on  appeal. 

A  petition  was  presented  to  the  board  of  said  district  township  at 
the  regular  meeting  in  March,  1868,  praying  for  the  erection  of  a  new 
subdistrict.  Said  petition  was  laid  over  for  consideration  at  the  re- 
gular meeting  in  September.  At  the  latter  meeting  two  petitions  in 
opposition  were  presented.  A  vote  was  had  upon  the  proposition, 
which  resulted  adversely  to  the  formation  of  the  new  subdistrict— 
one  vote  being  cast  in  favor  of,  and  five  votes  being  cast  against  the 
same.  From  this  action  of  the  board  Hiram  Hall  and  others  appealed 
to  the  county  superintendent,  who,  on  the  21st  day  of  October,  1868, 
made  an  order  forming  the  said  subdistrict  in  accordance  with  the 
prayer  of  the  petition,  and  the  board  appeal. 

There  was  a  motion  for  a  continuance  made  on  the  hearing  before 
the  county  superintendent,  based  upon  an  alleged  want  of  notice, 
which  motion  was  overruled,  and  the  parties  proceeded  to  trial. 
The  overruling  of  this  motion  is  one  of  the  errors  assigned  on  this 
appeal. 

The  want  of  notice,  if  there  was  any,  was  waived  by  the  voluntary 
appearance  of  the  party  making  the  motion,  and  as  the  opposite 
party  proposed  to  admit  everything  expected  to  be  proven,  in  case  of 
a  continuance  being  granted,  no  injustice  resulted,  and  therefore  this 
error  is  not  sustained. 

The  decision  of  the  county  superintendent  will  be  reversed,  how- 
ever, on  other  grounds. 

The  proposed  new  subdistrict  embraces  but  two  and  one-half  sec- 
tions of  land,  inhabited  by  fifteen  families,  having  in  all  but  twenty- 


5(3  SCHOOL  LAW  DECISIONS. 

Hiram  Hall  et  al.  y.  District  Township  of  Massillon. 

seven  persons  between  the  ages  of  five  and  twenty-one  years;  not 
enough  to  maintain  a  good  school. 

The  practice  of  cutting  district  townships  into  numerous  subdis- 
tricts  of  small  size,  is  detrimental  to  the  educational  progress  of  the 
state.  It  increases  the  number  of  schools,  and  correspondingly  re- 
duces the  number  of  pupils  in  each  school,  by  reason  of  which,  teach- 
ers of  a  lower  grade  must  be  employed,  poorer  school-houses  built,  or 
the  expense  of  carrying  on  the  schools  greatly  increased.  Experience 
has  demonstrated  that  it  is  better  to  have  fewer  subdistricts  with  bet- 
ter school-houses,  and  teachers  of  a  high  standard  of  qualifications, 
than  to  have  more  and  smaller  subdistricts,  poor  houses,  small  schools, 
and  teachers  of  a  low  grade. 

It  is  impossible  in  country  districts  to  place  a  school-house  in  every 
man's  door-yard — so  to  speak.  Some  must  of  necessity,  be  more  re- 
mote from  schools  than  others.  From  the  plat  submitted  in  this  case 
it  appears  the  farthest  any  scholars  residing  within  the  limits  of  the 
proposed  subdistrict  have  to  go  to  reach  the  school-houses  now  in 
use,  is  about  one  and  one-half  miles,  and  this  is  less  than  the  average 
distance  the  children  of  most  subdistricts  in  the  state  have  to  travel 
in  going  to  and  returning  from  school.  See  further  the  case  of  Gor- 
don v.  District  Township  of  Brown. 

REVEBSED. 

LEWIS  I.  COULTER, 
Acting  Superintendent  of  Public  Instruction. 
January  27,  1869. 


SCHOOL  LAW  DECISIONS.  57 


Z.  W.  Remington  v.  District  Township  of  Boomer. 


Z.  W.  REMINGTON  v.  DISTRICT  TOWNSHIP  OF  BOOMER. 
Appeal  from  Pottawattamie  County. 

1.  JURISDICTION.    The  county  superintendent  has  not  jurisdiction  of 
cases  involving  a  money  demand. 

2.  SCHOOL  ORDERS.    When  improperly  issued  by  the  board,  the  proper 
remedy  is  an  injunction  from  the  civil  courts. 

The  case  presented  by  the  record  is  this:  On  the  12th  day  of  Oc- 
tober, the  board  of  directors  of  Boomer  district  township  met  in 
special  session  and  made  a  settlement  with  one  L.  S.  Axtell,  who  was 
the  contractor  for  the  erection  of  certain  school  houses  in  said  dis- 
trict township.  From  the  action  of  the  board,  Z.  W.  Remington  ap- 
pealed to  the  county  superintendent.  The  superintendent  dismissed 
the  appeal  upon  the  ground  that  the  settlement  with  Axtell  was  for  a 
money  demand,  and  therefore  involved  a  question  over  which  he 
could  exercise  no  jurisdiction.  Remington  again  appeals. 

If  there  was  anything  wrong  in  the  action  of  the  board  issuing 
orders  in  favor  of  Axtell  for  the  payment  of  his  claim  for  building 
the  school-houses  that  would  render  them  invalid,  plaintiff's  remedy, 
if  any,  would  have  been  by  injunction  to  restrain  the  payment  of 
such  orders,  or  by  some  other  proper  action  in  the  civil  courts,  and 
not  by  appeal  to  the  county  superintendent,  as  the  latter  tribunal  is 
not  clothed  by  the  statute  with  authority  to  inquire  into  or  deter- 
mine the  validity  of  school  orders.  The  county  superintendent, 
therefore,  very  properly  decided  to  dismiss  the  appeal,  and  his  order 
in  the  case  is  hereby 

AFFIRMED. 
A.  S.  KISSELL, 
Superintendent  of  Public  Instruction. 

May  17,  1870. 


58  SCHOOL  LAW  DECISIONS. 


Hiram  Dayton  v.  District  Township  of  Cedar. 


HIRAM  DAYTON  v.  DISTRICT  TOWNSHIP  OF  CEDAR. 
Appeal  from  "Washington  County. 

APPEAL.  Where  changes  are  effected  in  district  boundaries  by  the  concur- 
rent action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the 
board  concurring  or  refusing  to  concur,  but  not  from  the  order  of  the 
board  taking  action  first. 

On  the  18th  day  of  September,  1871,  the  board  of  directors  of  the 
district  township  of  Cedar,  Washington  county,  passed  a  resolution 
to  attach  a  portion  of  subdistrict  number  three  to  subdistrict  number 
ten  in  the  same  township. 

On  the  14th  day  of  October,  Hiram  Dayton  appealed  from  the  ac- 
tion of  the  board  to  the  county  superintendent,  who,  on  the  12th  day 
of  December,  1871,  on  motion  of  appellee,  dismissed  the  case  for 
want  of  jurisdiction. 

From  this  decision  an  appeal  is  taken  to  the  superintendent  of  pub- 
lic instruction. 

From  the  transcript  it  appears  that  subdistrict  number  three, 
coneerning  which  the  appeal  is  taken,  is  one  of  those  school  districts 
formed  prior  to  March,  1858,  and  for  which  special  provision  was 
made  when  our  present  district  township  system  was  adopted.  It 
consists  of  about  three  sections  of  land  in  Cedar  township  and  nearly 
the  same  amount  in  Seventy  Six  township,  with  its  school-house  in 
Cedar,  and  hence  all  under  the  control  of  the  district  township  of 
Cedar  for  school  purposes. 

Section  89,  School  Laws,  provides  that  "the  boundaries  of  such  sub- 
district  shall  not  be  changed,  except  with  the  concurrence  of  the  boards 
of  directors  of  the  townships  interested." 

The  board  resolved  that  the  west  half  of  sections  eighteen,  nineteen 
and  thirty,  lying  in  subdistrict  number  three,  be  attached  to  subdis- 
trict number  ten  for  school  purposes. 

The  appellant  in  his  affidavit  alleges  among  other  errors  committed 
by  the  board,  that  they  erred  in  attempting  to  attach  this  tract  to 
number  ten,  for  the  reason  that  said  act  was  in  effect  dividing  the 


SCHOOL  LAW  DECISIONS.  59 

Hiram  Dayton  v.  District  Township  of  Cedar. 

subdistrict  without  the  concurrence  of  the  board  of  directors  of 
Seventy  Six  township,  and  therefore  illegal. 

The  attorneys  for  appellee  file  a  demurrer  to  the  affidavit  "because 
the  said  affidavit  shows  that  the  concurrent  action  of  the  two  boards 
is  necessary  to  divide  said  subdistrict,"  that  this  resolution  being 
only  the  initiative  act,  does  not  divide  the  district,  and  is  without 
force  till  concurred  in  by  the  other  board,  that  no  appeal  can  be  had 
from  an  incomplete  action,  and  that  the  appellant  had  as  yet  suffered 
no  grievance,  and  had  no  ground  of  appeal. 

The  county  superintendent  sustained  the  demurrer  and  dismissed 
the  case  for  want  of  jurisdiction. 

This  case  involves  an  interesting  question,  and  one,  we  believe,  not 
hitherto  determined  by  this  department,  viz.:  In  those  changes  of 
boundaries  requiring  the  concurrent  action  of  two  boards,  from  which 
action,  if  any,  will  an  appeal  lie? 

In  a  somewhat  analogous  case,  Dobbins  and  Brig gsv.  District  Town- 
ship  of  Salem,  a  petition  was  presented  to  a  board  to  change  the 
boundaries  between  a  district  township  and  an  independent  district, 
the  petition  was  refused ;  an  appeal  was  taken  to  the  county  superin- 
tendent, who  not  only  reversed  their  action,  but  decided  to  do  more 
than  one  board  could  have  done,  and  ordered  the  changes  to  be  made. 

This  decision,  we  think,  was  very  properly  reversed;  for  the  reason 
that  the  county  superintendent  could  not  do  on  appeal  what  was 
clearly  beyond  the  power  of  the  board,  from  which  the  appeal  was 
taken,  the  concurrence  of  another  board  being  necessary  to  complete 
the  action.  Another  question,  however,  wholly  distinct  from  this,  is, 
has  a  county  superintendent  any  jurisdiction  in  such  a  case?  Can  he 
properly  affirm  or  reverse  the  decision  of  a  board  that  initiates  a 
movement  which  is  completed  or  not  at  the  option  of  another  board? 
After  careful  consideration  we  are  forced  to  the  conclusion  that  he 
cannot.  That  an  appeal  will  not  lie  from  an  order  of  a  board  making 
a  change  in  district  township  boundaries,  where  the  concurrence  of 
another  board  is  necessary  to  make  the  change.  Otherwise  a  county 
superintendent  may  have  to  entertain  and  decide  upon  two  appeals  in 
one  and  the  same  case.  This,  in  our  opinion,  would  lead  to  confusion 
and  unnecessary  litigation.  The  law  provides  that  "  any  person  ag- 
grieved by  any  decision  or  order  of  the  district  board  of  directors,  in 


SCHOOL  LAW  DECISIONS. 


W.  P.  Davis  v.  District  Township  of  Madison. 


matter  of  law,  or  fact,  may  appeal  therefrom  to  the  county  superin- 
tendent." But  if  the  order  or  decision  is  simply  the  initiative  move- 
ment, though  the  action  is  not  void,  it  remains  inoperative,  and  with- 
out force,  until  concurred  in,  and  does  not  of  itself  constitute  a  cause 
of  grievance.  In  our  opinion,  equal  and  full  justice  /will  be  secured 
in  all  such  cases,  if  the  appeal  is  taken  only  from  the  action  of  the 
board  concurring  or  refusing  to  concur  with  the  former  action  of 
another  board  interested.  From  this  we  believe  an  appeal  should  lie. 

In  the  case  before  us,  if  the  board,  as  alleged  in  the  affidavit,  seek 
to  do  an  illegal  act,  or  refuse  to  perform  any  duty  imposed  by  law, 
they  can  be  restrained  by  injunction,  or  compelled  to  do  their  duty 
by  a  resort  to  the  civil  courts. 

It  is  therefore  held  that  the  county  superintendent  properly  dis- 
missed the  case  for  want  of  jurisdiction,  and  his  decision  is  therefore 

AFFIRMED. 
ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 
March  22,  1872. 


W.  P.  DAVIS  v.  DISTRICT  TOWNSHIP  OF  MADISON. 
Appeal  from  Fremont  County. 

1.  CONTRACTS.    Contracts  for  the  erection  of  school-houses,  made  by  a  sub- 

director  or  committee,  require  the  approval  of  the  board. 

2.  SCHOOL  FUNDS:    Disbursement  of.    The  treasurer  is  the  proper  custodian 

of  all  funds  belonging  to  the  district,  and  can  legally  pay  them  out  only 
upon  orders  specifying  the  fund  upon  which  they  are  drawn  and  the  spe- 
cific use  to  which  they  are  applied.  The  board  cannot  authorize  the  sub- 
director  to  use  the  public  funds  for  any  purpose. 

3.  CLAIMS.    Just  claims  against  the  district  can  be  enforced  only  in  the 

courts  of  law. 

4.  SUBDISTRICT.    A  subdistrict  is  not  a  corporate  body,  and  has  no  control 

of  any  public  fund. 

The  electors  of  the  district  township  of  Madison,  Fremont  county, 
on  the  eleventh  day  of  March,  1871,  voted  a  tax  of  two  and  one-half 
mills  on  the  taxable  property  of  the  district  township,  for  school- 


SCHOOL  LAW  DECISIONS. 


W.  P.  Davis  v.  District  Township  of  Madison. 


house  purposes,  and  directed  that  three  hundred  dollars  of  the 
amount  thus  raised  should  be  used  for  the  erection  of  a  school-house 
in  subdistrict  number  nine. 

March  20,  1871,  W.  P.  Davis,  subdirector  of  subdistrict  number 
nine,  was  appointed  a  committee  to  build  a  school-house  in  said  sub- 
district.  The  house  having  been  completed,  at  a  special  meeting  of 
the  board  held  June  1,  1872,  it  was  moved  that  the  report  of  the  com- 
mittee be  received,  and  the  school-house  be  accepted;  also,  that  the 
secretary  be  instructed  to  draw  an  order  on  the  treasurer  for  three 
hundred  dollars,  for  subdistrict  number  nine.  Both  motions  were 
lost,  from  which  action  the  said  W.  P.  Davis  appealed  to  the  county 
superintendent,  who,  on  the  9th  day  of  August,  1872,  reversed  the 
action  of  the  board. 

The  district  township,  through  its  president,  W.  H.  Gandy,  appeals 
to  the  superintendent  of  public  instruction. 

The  history  of  this  case  very  fully  illustrates  the  loose  and  irregu- 
lar manner  in  which  school  officers  too  frequently  transact  official 
business.  Section  15  of  the  School  Laws  provides  that  the  board  of 
directors  "shall  make  all  contracts,  purchases,  payments,  and  sales 
necessary  to  carry  out  any  vote  of  the  district,  but  before  erecting 
any  school-house  they  shall  consult  with  the  county  superintendent 
as  to  the  most  approved  plan  of  such  building." 

If  the  contract  is  made  by  a  subdirector  or  committee  of  the  board, 
it  should  in  all  cases  be  approved  by  the  board  before  work  is  com- 
menced. 

A  misapprehension  often  exists  as  to  the  manner  in  which  school 
funds  should  be  disbursed.  The  treasurer  is  the  proper  custodian  of 
all  funds  belonging  to  the  district  township,  and  the  law  provides 
that  he  "shall  pay  no  order  which  does  not  specify  the  fund  on  whieh 
it  is  drawn,  and  the  specific  use  to  which  it  is  applied,"  i.  e.  for  work 
done,  material  furnished,  or  the  like. 

The  board  are  also  required  to  S'audit  and  allow  all  just  claims 
against  the  district,  and  no  order  shall  be  drawn  on  the  district  treas- 
ury until  the  claim  for  which  it  is  drawn  has  been  so  audited  and  al- 
lowed." This  rule  applies  equally  where  funds  are  voted  by  the 
district  township  for  the  purpose  of  building  school-houses  in  partic- 
ular subdistricts,  also  where  taxes  have  been  raised  on  the  property 


62  SCHOOL  LAW  DECISIONS. 

J.  D.  Caldwell  v.  Stephen  Peebles,  County  Superintendent. 

of  subdistricts  in  accordance    with   the  proviso  of   section  twenty- 
eight. 

Such  funds,  or  so  much  of  them  as  may  be  required  to  carry  out 
the  vote  of  the  electors,  should  be  devoted  to  the  specific  object  for 
which  they  were  voted,  but  the  disbursement  should  in  all  cases  be 
under  the  direction  and  authority  of  the  board. 

Boards  have  no  authority  to  give  subdirectors  money  to  use  in  their 
subdistricts  for  building  school-houses  or  any  other  purpose,  nor  sub- 
directors  to  use  money  so  received.  A  subdistrict  is  not  a  corporate 
body,  and  has  no  control  of  any  public  fund. 

If  Davis  has  a  just  claim  against  the  district  township  of  Madison 
which  the  board  refuse  to  allow,  or  if  the  board  refuse  to  apply  the 
amount  voted  by  the  electors  to  the  specific  object  for  which  it  was 
designed,  viz.:  the  erection  of  a  school-house  in  subdistrict  number 
nine,  the  civil  courts  only  can  furnish  a  means  of  redress. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

October  30,  1872. 


J.  D.  CALDWELL  v.  STEPHEN  PEEBLES,  COUNTY  SUPERINTENDENT. 
Appeal  from  Mills   County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.    A  teacher's  certificate  can 
be  legally  revoked  only  upon  proof  of  charges  of  which  he  has  had  per- 
sonal notice,  and  against  which  he  has  had  the  opportunity  to  make  his 
defense. 

2.    .    A  person  addicted  to  the  use  of  intoxicating  liquors  who  even 

occasionally  becomes  intoxicated  is  not  likely  to  promote  correct  moral 
teaching  in  the  public  schools  by  his  example,  nor  to  possess  such  moral 
character  as  to  entitle  him  to  a  teacher's  certificate. 

Complaint  having  been  made  to  the  county  superintendent  that  J. 
D.  Caldwell,  a  teacher,  was  addicted  to  the  use  of  intoxicating  liquors, 
an  examination  of  the  charges  was  made  May  10,  1873,  as  provided 
by  law,  the  result  of  which  was  the  revocation  of  Mr.  Caldwell's  cer- 


SCHOOL  LAW  DECISIONS. 


63 


J.  D.  Caldwell  v.  Stephen  Peebles,  County  Superintendent. 


tificate.     Mr.  Caldwell  appeals  to  the  superintendent  of  public  in- 
struction. 

We  need  not  comment  upon  the  testimony  in  the  trial,  sinee  -the 
county  superintendent  admits  that  the  specifications  contained  in  the 
complaint  were  not  sustained.  Facts,  however,  were  developed  inci- 
dentally, in  the  examination  of  witnesses,  apart  from  the  direct  issues 
involved,  to  satisfy  the  county  superintendent  that  the  defendant 
does  not  possess  a  good  moral  character,  and  we  are  not  sure  but  his 
conclusions  are  properly  deducible  from  the  evidence. 

The  law,  however,  providing  for  the  revocation  of  certificates,  re- 
quires that  it  shall  only  be  "  after  an  investigation  of  facts  in  the 
case,  of  which  investigation  the  teacher  shall  have  personal  notice, 
and  he  shall  be  permitted  to  be  present  and  make  his  defense." 

In  this  instance,  certain  charges  were  preferred  in  an  information, 
of  which  the  teacher  had  due  notice,  and,  as  it  appears,  successfully 
defended  himself  against  the  charges  made,  and  there  rested  his 
case. 

It  is,  perhaps,  doubtful  if  the  superintendent  has  the  authority  to 
revoke  a  certificate  upon  evidence  incidentally  developed  in  the  trial, 
however  damaging  in  its  nature,  the  substance  of  which  was  not 
contained  in  the  original  notice,  and  against  which  no  defense  was 
attempted. 

We  fully  agree  with  the  superintendent  that  a  person  addicted  to 
the  use  of  intoxicating  liquors,  who  even  occasionally  becomes  intox- 
icated, and  who  is  in  the  habit  of  visiting  disreputable  beer  saloons, 
does  not  possess  that  degree  of  moral  character  to  entitle  him  to  a 
teacher's  certificate  under  our  statute.  We  cannot  too  highly  com- 
mend the  efforts  of  county  superintendents  to  promote  correct  moral 
teaching  in  the  public  schools  through  the  example  of  the  teacher. 

Disqualifications  of  this  nature  should  be  fully  proved,  and  in  the 
manner  prescribed  by  law;  and  we  reluctantly  set  aside  this  decision, 
believing  that  the  superintendent  was  actuated  by  worthy  motives, 
and  did  the  act  solely  with  a  view  to  promote  the  good  of  the  schools, 
and  in  the  conscientious  discharge  of  a  public  duty. 

REVERSED. 
ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 
May  31,  1873. 


64  SCHOOL  LAW  DECISIONS, 


James  Bunn  v.  District  Township  of  Douglas. 


JAMES  BUNN  v.  DISTRICT  TOWNSHIP  OF  DOUGLAS. 
Appeal  from  Ida  County. 

1.  CONTRACTS.    The  district  township  is  bound  by  the  contract  of  the 
subdirector  when  made  according  to  instructions  of  the  board. 

2.    .    If  a  subdirector  enter  into  a  contract  on  behalf  of  the  district, 

without  authority  of  the  board,  he  does  so  at  his  own  risk;  such  con- 
tract is  not  binding  upon  the  district  unless  approved  by  the  board. 

3.  RULES  AND  REGULATIONS.    The  power  to  prescribe  rules  and  regula- 
tions for  the  government  of  the  board  is  not  a  function  of  the  electors. 
A  rule  adopted  by  the  board,  and  not  a  provision  of  law,  may  be  modi- 
fied at  the  option  of  the  board. 

A  contract  for  furnishing  the  school-houses  in  subdistricts  numbers 
one  and  two  with  new  seats,  was  approved  by  the  board  of  directors; 
the  county  superintendent,  upon  appeal,  affirmed  the  action  of  the 
board;  James  Bunn  appeals  to  the  superintendent  of  public  instruc- 
tion. 

It  is  claimed  by  the  appellant: 

1.  That  the  contract  was  made  without  authority  from  the  board. 

2.  That  new  seats  could  not  be  legally  purchased  without  a  vote 
of  the  electors. 

3.  That  by  rule  of  the  board  public  notice  should  be  given  before 
making  any  contract,  except  with  teachers. 

The  district  township  is  bound  by  the  contract  of  the  subdirector 
when  made  and  entered  into  according  to  the  specific  instructions  and 
directions  of  the  board.  Thompson  v.  Linn>  35  Iowa,  361. 

If  a  subdirector  enters  into  a  contract  on  behalf  of  the  district, 
without  being  authorized  by  the  board,  he  does  so  at  his  own  risk; 
such  contract  is  not  binding  upon  the  district  unless  approved  by  the 
board;  being  approved,  however,  the  district  becomes  responsible  for 
the  performance  of  the  contract  on  its  part.  Affirmative  action  of  the 
electors  is  not  required  by  law  before  the  board  of  directors  can  pro- 
cure new  seats  for  a  school-house. 


SCHOOL  LAW  DECISIONS.  55 

D.  K.  Taylor  v.  Independent  District  of  Eldon. 

It  appears  from  the  transcript  that  the  rule  mentioned  was  adopted 
and  prescribed  by  the  district  township  meeting,  and  not  by  the  board 
of  directors;  the  power  to  prescribe  rules  and  regulations  for  the  gov- 
ernment of  the  board  of  directors,  except  as  specifically  named  in  the 
law,  is  not  a  function  of  the  electors  when  assembled  at  the  district 
township  meeting.  Any  rule  adopted  by  the  board,  and  not  a  pro- 
vision of  law,  may  be  modified  or  disregarded  at  the  option  of  the 
board. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
December  2,  1873. 


D.  K.  TAYLOR  v.  INDEPENDENT  DISTRICT  OF  ELDON. 
Appeal  from   Wapello  County. 

1.  APPEAL.  Appeal  may  be  taken  from  an  action  of  the  board  which  au- 
thorizes the  making  of  a  contract,  but  not  from  a  subsequent  action  or 
order  complying  with  the  terms  of  a  contract  previously  made;  nor  from 
an  action  authorizing  the  issuance  of  an  order  in  payment  of  a  debt  con- 
tracted by  previous  action  of  the  board. 

2. — .    A  case  whose  sole  purpose  is  to  determine  the  validity  of  an 

order  on  the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  enter- 
tained on  appeal  to  the  county  superintendent;  the  courts  of  law  alone 
can  furnish  an  adequate  remedy. 

From  the  transcript  it  appears  that  on  the  3d  day  of  December, 
1873,  the  board  passed  an  order  authorizing  the  payment  of  five  per 
cent  commission  for  negotiating  the  district  bonds,  and  on  the  same 
day  another  authorizing  D.  P.  Stubbs  to  negotiate  said  bonds. 

On  the  3d  day  of  February,  1874,  the  board  passed  an  order  instruct- 
ing the  president  and  secretary  to  draw  an  order  for  $90  on  the  dis- 
trict treasury  in  favor  of  said  D.  P.  Stubbs,  for  services  rendered  in 
negotiating  said  bonds,  in  accordance  with  the  previous  action  of  the 
board  on  December  3,  1873.  From  the  action  of  the  board  in  issuing 
said  order  of  $90  this  appeal  was  taken. 
9 


SCHOOL  LAW  DECISIONS. 


D.  K.  Taylor  v.  Independent  District  of  Eldon. 


The  county  superintendent  dismissed  the  case,  on  the  ground  that 
it  was  an  action  authorizing  the  payment  of  money,  and  a  decision 
thereon  would  be  equivalent  to  rendering  a  judgment  for  money, 
which  is  prohibited  by  the  provisions  of  section  1836,  Code.  D.  K. 
Taylor  again  appeals. 

Appeal  may  be  taken  from  any  action  of  the  board  which  authorizes 
the  making  of  a  contract,  but  not  from  a  subsequent  action  or  order 
complying  with  the  terms  of  a  contract  previously  made;  or  from  an 
action  authorizing  the  issuance  of  an  order  in  payment  of  a  debt  con 
traoted  by  a  previous  action  of  the  board. 

The  order  appealed  from  in  this  case  is  not  a  new  action  of  the 
board,  but  a  necessary  result  of  the  order  of  December  3,  1873.  If 
the  first  action  was  legal  and  proper,  the  last  is  both  proper  and  nec- 
essary, the  services  having  been  performed.  Any  interested  party 
might  have  appealed,  at  the  proper  time,  from  the  action  of  Decem- 
ber 3,  authorizing  the  payment  of  five  per  oent  commission  for  nego- 
tiating bonds  or  authorizing  the  appointment  of  an  agent  therefor. 
But  the  time  for  an  appeal,  thirty  days,  having  expired,  appeal  can- 
not now  be  taken  from  the  subsequent  action,  which  is  simply  carry- 
ing out  their  previous  action,  and  the  terms  of  the  contract  made 
thereunder. 

In  the  case  of  Winters  et  al.  v.  District  Township  of  Clay,  it  is  held 
that,  to  determine  the  validity  of  an  order  on  the  district  treasury, 
or  the  equity  of  a  claim,  is  equivalent  to  the  rendition  of  a  judgment 
for  money,  and  a  case  whose  sole  purpose  is  to  determine  this  ques- 
tion cannot  be  entertained  on  appeal;  that  the  courts  of  law  alone 
can  furnish  an  adequate  remedy,  if  the  law  has  been  violated,  or  the 
interests  of  the  district  have  suffered  by  the  making  of  contracts  or 
the  issuing  of  orders  for  money  on  the  treasury. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

May  5,  1874. 


SCHOOL  LAW  DECISIONS.  57 


A.  Beard  et  al.  v.  District  Township  of  Washington. 


A.  BEARD  etal.  v.  DISTRICT  TOWNSHIP  OF  WASHINGTON. 
Appeal  from  Ring  gold  County. 

1.  SUB  DISTRICT  BOUNDARIES     Subdistrict  boundaries  can  be  changed  only 

by  affirmative  vote  of  a  majority  of  all  the  members  of  the  board. 

2.  APPEAL.    Appeal  will  not  be  entertained  from  the  action  of  the  board 

in  rescinding  a  previous  illegal  action. 

The  board  of  the  above  named  district  consists  of  four  members. 
On  the  24th  day  of  January,  1874,  three  members  of  the  board  met, 
pursuant  to  notice,  for  the  purpose  of  forming  a  new  subdistrict  to 
consist  of  sections  27,  28,  33,  and  34.  Upon  motion  to  establish  said 
subdistrict,  two  of  the  members  voted  in  the  affirmative  and  one  in 
the  negative:  by  this  action  the  subdistrict  was  considered  as  formed, 
and  was  so  entered  upon  the  record.  On  February  14,  the  board  met 
pursuant  to  notice,  for  the  purpose  of  reconsidering  their  action  of 
January  24.  Upon  motion  that  the  action  of  the  board  in  establish- 
ing said  subdistrict  be  annulled,  three  members  voted  in  the  affirma- 
ative,  and  one  in  the  negative.  From  this  action  appeal  was  taken  to 
the  county  superintendent,  who  simply  reversed  the  action  of  the 
board.  I.  F.  Howell  et  al  appeal  to  the  superintendent  of  public  in- 
struction. 

Section  1738,  School  Laws  of  1873,  provides  that  the  boundaries  of 
subdistricts  shall  not  be  changed,  except  by  a  vote  of  the  majority  of 
the  board.  Therefore,  the  subdistrict  in  question  was  not  legally 
established  by  the  action  of  the  board  of  January  24;  their  subse- 
quent action  relative  thereto  may  properly  be  considered  as  simply 
correcting  the  records  of  the  meeting.  Neither  would  the  action  of 
the  county  superintendent  in  reversing  such  action,  have  the  effect  to 
establish  the  subdistrict. 

Since  the  action  of  the  board  was  entirely  proper  under  the  cir- 
cumstances in  making  such  correction,  the  decision  of  the  county 
superintendent  is  hereby  REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

June  4,  1874. 


68  SCHOOL  LAW  DECISIONS. 


E.  Watson  v.  District  Township  of  Exira. 


E.  WATSON  v.  DISTRICT  TOWNSHIP  OF  EXIRA. 

Appeal  from  Audubon  County. 

PUNISHMENT.  The  punishment  of  a  pupil  with  undue  severity,  or  with  an 
improper  instrument,  is  unwarrantable,  and  may  serve,  in  some  degree 
to  indicate  the  animus  of  the  teacher. 

Charges  were  preferred  against  E.  Watson,  a  teacher  in  the  schools 
of  the  district  above  named,  for  harsh  and  unreasonable  punishment 
of  a  pupil;  upon  investigation  the  teacher  was  discharged;  from  this 
action  of  the  board  he  appealed  to  the  county  superintendent,  who 
reversed  their  action.  The  district  appeals  to  the  superintendent  of 
public  instruction. 

From  the  evidence  it  appears  that  the  pupil,  upon  whom  the  pun- 
ishment was  inflicted,  was  a  boy  thirteen  years  of  age,  and  that  the 
offense  was  such  that  punishment  was  deserved.  The  instrument  se- 
lected for  inflicting  punishment  was  a  hickory  stick,  three-fourths  of 
an  inch  in  diameter  at  one  end,  and  one-half  inch  at  the  other,  and 
fifteen  or  eighteen  inches  long.  The  punishment  was  inflicted  by 
striking  upon  the  palm  of  the  hand  from  eight  to  twelve  strokes.  It 
appears  that  the  boy's  hand  was  thereby  disabled  for  some  days. 

It  is  alleged  by  the  teacher  that  the  punishment  was  inflicted  for 
the  good  of  the  school,  and  that  it  was  without  malice  on  his  part. 
We  ^consider  the  selection  of  such  an  instrument  for  the  punishment 
of  a  pupil  injudicious,  unwarrantable,  and  dangerous,  and  that  con- 
sequences might  be  fraught  with  the  gravest  results,  and  that  such 
selection  may  serve  in  some  degree,  to  indicate  the  animus  of  the 
teacher.  REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

June  6,  1874. 


SCHOOL  LAW  DECISIONS.  59 

Sanford  Harwood  v.  Independent  District  of  Charles  City. 

SANFORD  HARWOOD  v.  INDEPENDENT  DISTRICT  OF  CHARLES  CITY. 
Appeal  from  Floyd  County. 

1.  PUNISHMENT:    Eight  to  inflict  upon  pupils.    The  right  of  the  parent  to 

restrain  and  coerce  obedience  in  children  applies  equally  to  the  teacher, 
or  to  any  one  who  acts  in  loco  parentis'. 

2.  RULES  AND  REGULATIONS.    Boards  of  directors  and  their  agents,  the 

teachers,  may  establish  reasonable  rules  for  the  government  of  schools 
and  the  control  of  pupils. 

3.  .    The  teacher  has  the  right  to  require  a  pupil  to  answer  questions 

which  tend  to  elicit  facts  concerning  his  conduct  in  school. 

4.  -     — .    The  pupil  is  answerable  for  acts  which  tend  to  produce  merri 

ment  in  the  school  or  to  degrade  the  teacher. 

5. .    Open  violation  of  the  rules  of  the  school  cannot  be  shielded 

from  investigation  under  the  plea  that  it  invades  the  rights  of  con- 
science. 

6.  BOARD  OF  DIRECTORS.  The  board  should  be  sustained  in  all  legiti- 
mate and  reasonable  measures  to  maintain  order  and  discipline,  to  up- 
hold the  rightful  authority  of  the  teacher,  and  to  prevent  or  suppress 
insubordination  in  the  school. 

This  case  involves  the  right  of  a  teacher  to  require  a  pupil  to 
answer  questions  concerning  his  conduct  in  school,  or  to  testify 
against  himself. 

Burritt  Harwood,  a  member  of  the  high  school  department,  having 
broken  certain  rules  of  the  school,  was  suspended  by  the  superintend- 
ent for  refusing  to  answer  a  question  relating  thereto.  The  pupil's 
father  petitioned  the  board  of  directors  to  restore  the  pupil.  The 
board  having  investigated  the  facts  adopted  the  following: 

"Resolved,  That  the  school  board  sustain  Prof.  Shepard  in  his  sus- 
pension of  Burritt  Harwood,  provided  Burritt  Harwood  be  reinstated 
if  he  answer  the  question,  for  the  refusal  to  answer  which  he  was 
suspended,  subject  to  such  further  action  as  may  be  taken  by  the 
principal  or  school  board  for  making  and  circulating  the  caricature." 
The  president  and  four  other  members  voting  for,  and  one  against 
the  resolution.  From  this  action  of  the  board,  S.  Harwood  appealed 
to  the  county  superintendent,  who  reversed  their  action.  The  board, 


70  SCHOOL  LAW  DECISIONS. 

Sanford  Harwood  v.  Independent  District  of  Charles  City. 

through  their  president,  appeal  to  the  superintendent  of  public  in- 
struction. 

The  power  of  the  parent  to  restrain  and  coerce  obedience  in  chil- 
dren cannot  be  doubted,  and  it  has  seldom  or  never  been  denied.  This 
principle  applies  equally  to  the  teacher  or  to  any  one  who  acts  in  loco 
parentis.  Boards  of  directors  and  their  agents,  the  teachers,  may 
establish  all  reasonable  and  proper  rules  for  the  government  of 
schools,  and  to  control  the  conduct  of  pupils  attending  the  same. 
"Any  rule  of  the  school  not  subversive  of  the  rights  of  the  children 
or  parents,  or  in  conflict  with  humanity  and  the  precepts  of  divine 
law,  which  tends  to  advance  the  object  of  the  law  in  establishing  pub- 
lic schools,  must  be  considered  reasonable  and  proper."  Burdick  v. 
Babcock,  31  Iowa,  562. 

The  superintendent  had  occasion  to  leave  the  high  school  in  charge 
of  his  assistant  while  he  should  attend  to  official  duties  elsewhere. 
On  his  return  about  4  p.  M.,  the  assistant  reported  that  there  had  been 
much  disorder  on  the  part  of  some  of  the  pupils,  and  that  she  had  re- 
quired several  of  the  pupils  to  remain  and  report  their  misdemeanors 
to  the  superintendent.  Burritt  Harwood  being  called  upon,  said,  in 
substance,  I  have  two  misdemeanors  to  report:  I  threw  snow  into  the 
lower  hall  during  recess,  and  I  passed  a  piece  of  paper  across  the  aisle 
to  my  brother's  desk.  Both  are  recognized  as  violations  of  the  rules 
of  the  school.  The  nature  and  magnitude  of  the  first  are  readily 
discernible,  and  need  no  further  investigation;  not  so  of  the  second, 
much  depends  upon  the  character  of  the  "piece  of  paper,"  whether 
simply  blank  paper,  or  containing  writing  or  other  marks;  being 
asked  to  state  the  nature  of  the  paper,  he  at  first  answered  evasively. 
Being  further  questioned,  he  replied  that  it  was  "  pictorial "  that  it 
was  a  "burlesque  or  caricature,"  that  "it  represented  the  school-house 
and  some  person  or  persons,"  that  "the  person  or  persons  represented 
were  connected  with  the  school."  The  further  question,  "  whom  he 
had  intended  to  burlesque,"  after  some  hesitation,  he  declined  to 
answer.  For  this  act  of  disobedience  he  was  suspended. 

The  question  which  he  refused  to  answer  appears  to  differ  in  no 
essential  feature  fron  those  previously  answered.  By  it  the  teacher 
simply  sought  to  discover  an  additional  fact  in  connection  with  the 
case.  If  he  had  a  right  to  ask  the  former  he  had  the  latter.  If  there 


SCHOOL  LAW  DECISIONS. 


Sanford  Harwood  v.  Independent  District  of  Charles  City. 


is  any  reason  why  fche  pupil  had  the  right  or  should  claim  the  privi- 
lege of  declining  to  answer  the  last,  he  should  have  stated  it,  Cer- 
tainly no  good  reason  appears  from  the  nature  of  the  offenseTaud  the 
degree  of  punishment  which  it  merited  depended  upon  the  informa- 
tion which  the  teacher  sought  to  obtain  by  this  and  the  previous 
question.  If  the  paper  contained  simply  the  solution  of  a  problem 
or  something  connected  with  his  lesson,  it  merited  one  degree  of  pun- 
ishment; if  its  purpose  was  to  create  merriment  among  the  pupils, 
thus  diverting  their  attention  from  their  studies,  it  required  another 
degree;  if  by  it  the  pupil  sought  to  bring  ridicule  upon  a  teacher,  to 
the  prejudice  of  the  good  order  and  government  of  the  school,  still 
another;  each  would  be  a  violation  of  the  rules,  but  not  each  equally 
punishable.  The  claim  of  appellee  that  it  was  an  attempt  to  pry 
into  the  secrets  of  the  heart,  and  was  a  violation  of  the  right  of  con- 
science, is  scarcely  sustained  by  the  facts.  The  question  "whom  did 
you  intend  to  represent,"  is  essentially  equivalent  to  "whom  did  you 
represent."  Its  purpose  evidently  was  not  to  find  out  the  thought  or 
intent,  but  the  act  of  the  pupil.  The  question  was  simply  what  was 
the  character  of  the  picture  drawn  and  circulation  to  the  disturbance 
of  the  school.  It  does  not  appear  how  the  rights  of  conscience  would 
be  violated  in  answering  the  question.  It  may  be  true  that  the  pic- 
ture itself,  if  produced,  would  furnish  the  best  evidence,  but  the 
teacher  clearly  had  the  right,  in  its  absence,  and  knowing  nothing  of 
its  nature  beyond  what  the  pupil  had  already  revealed,  to  seek  this 
information  directly  and  immediately  by  proper  questions.  Nor  can 
the  pupil  shield  himself  under  the  provision  of  the  law  that  a  pris- 
oner at  the  bar  cannot  be  compelled  to  answer  questions  which  will 
tend  to  render  him  criminally  liable  or  expose  him  to  public  igno- 
miny. He  is,  in  no  proper  sense,  accused  of  crime  before  a  court  of 
law,  authorized  to  sit  in  judgment  under  a  criminal  code. 

The  picture,  which  was  afterward  produced,  reveals  anything  but 
a  right  spirit  in  the  pupil.  Probably  no  one  who  has  seen  it  doubts 
that  it  is  a  coarse  caricature  of  the  superintendent  and  his  assistant. 
His  refusal  to  answer  was  evidently  not  that  he  could  not  conscien- 
tiously do  so,  nor  that  it  would  tend  to  criminate  himself,  but  was  a 
deliberate  act  of  insubordination.  All  the  attendant  circumstances, 
the  evasive  and  studied  replies  to  the  superintendent's  questions,  the 


72  SCHOOL  LAW  DECISIONS. 

T.  J.  Kook  v.  District  Township  of  Liberty. 

caricature  itself,  and  its  circulation  through  th$  school  during  the 
absence  of  the  superintendent,  together  with  a  previous  malicious 
caricature  of  the  same  nature,  all  reveal  a  disregard  for  the  regula- 
tions of  the  school,  the  respectful  conduct  due  from  a  pupil,  and  an 
animus  toward  the  teacher  anything  but  proper. 

In  our  opinion  unnecessary  stress  was  laid,  in  the  trial  before  the 
superintendent,  upon  the  technical  ground  of  of  suspension  by  the  su- 
perintendent. The  board  having  had  the  whole  subject  nnder  inves- 
tigation, including  statements  of  the  offenses  from  both  the  superin- 
tendent and  the  pupil,  sustained  the  superintendent,  or  in  other  words, 
suspended  the  pupil  conditionally  from  the  school,  as  they  probably 
had  a  right  to  do  for  any  one  of  the  offenses  named.  This  being  a 
discretionary  act,  due  weight  must  be  given  to  such  action  by  an  ap- 
pellate tribunal,  especially  should  the  board  be  sustained  in  all  legit- 
imate and  reasonable  measures  to  maintain  order  and  discipline,  to 
uphold  the  rightful  authority  of  the  teacher  and  to  prevent  or  sup- 
press insubordination  in  the  school. 

REVERSED. 

ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 
June  8,  1874. 


T.  J.  ROOK  v.  DISTRICT  TOWNSHIP  OF  LIBERTY. 
Appeal  from  Clarke  County. 

SCHOOL-HOUSE  TAX.  All  taxes  voted  by  the  district  township  meeting 
must  be  apportioned  among  the  subdistricts.  All  taxes  voted  by  the 
subdistrict  meeting  which  the  district  township  neglects  or  refuses  to 
grant,  must  be  certified  and  levied  upon  the  subdistrict.  The  board 
have  no  option  but  to  obey  the  requirements  of  the  law. 

Under  the  provisions  of  section  1778,  School  Laws  of  1874,  the 
electors  of  subdistrict  number  six,  of  the  above  named  district  town- 
ship, voted  to  raise  the  sum  of  four  hundred  dollars  for  the  erection 
of  a  school-house;  the  sum  was  properly  certified  to  the  district  town- 
ship meeting,  which  refused  to  grant  the  request.  The  board  of  di- 


SCHOOL  LAW  DECISIONS.  ,  73 

Henry  Brewer  et  al.  v.  District  Township  of  Washington. 

rectors  certified  the  amount  to  the  board  of  supervisors  to  be  levied 
directly  upon  the  subdistrict  making  the  request.     From  this  action 
appeal  was   taken    to  the   county  superintendent  who  affirmed   the 
action  of  the  board.     T.  J.  Rook  appeals. 
The  errors  alleged  to  have  been  committed  are: 

1.  That  the  township  electors  neglected  or  refused  to  grant  the 
request  of  the  electors  of  subdistrict  number  six. 

2.  That  the  board  refused  to  apportion  the  amount  voted  by  the 
subdistrict  among  the  subdistricts  of  the  township. 

It  is  wholly  discretionary  with  the  township  electors  whether  such 
requests  are  granted  or  not;  from  their  action  no  appeal  can  be  taken. 
If  they  vote  to  grant  such  request,  the  amount  must  be  apportioned 
by  the  board  among  the  subdistricts  of  the  township;  if  they  neglect 
or  refuse  to  grant  it,  the  amount  must  be  certified  to  the  board  of 
supervisors,  to  be  levied  directly  upon  the  subdistrict  making  the  re- 
quest. Section  1778,  School  Laws  of  1874. 

The  board  have  no  option  in  such  case;  it  is  their  duty  simply  to 

obey  the  requirements  of  the  law. 

AFFIRMED. 

ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 
October  5,  1874. 


HENRY  BREWER  et  al.  v.  DISTRICT  TOWNSHIP  OF  WASHINGTON. 
Appeal  from  Van  Buren  County. 

REHEARING.    The  county  superintendent  may,  for  sufficient  cause,  grant  a 
rehearing 

The  action  of  the  board  in  refusing  to  form  a  new  subdistrict,  num- 
ber two,  of  the  above  named  district  township,  was  affirmed  by  the 
county  superintendent. 

After  the  rendition  of  the  decision  a  motion  and  affidavit  were  filed 
by  the  appellants  asking  that  a  new  trial  be  granted,  the  affiants  alleg- 
ing that  the  evidence  was  not  properly  taken  down  at  the  time  of  the 
trial;  also,  that  new  evidence  had  been  discovered,  materially  affect- 
10 


SCHOOL  LAW  DECISIONS. 


Henry  Brewer  et  al.  v.  District  Township  of  Washington. 


ing  the  question  at  issue.     The  motion  was  .granted  by  the  county 
superintendent. 

At  the  subsequent  trial  the  appellee  filed  a  motion  to  dismiss  the 
case  upon  the  following  grounds: 

1.  That  no  sufficient  affidavit  was  filed  in  the  first  instance,  and 
that  the  superintendent  never  acquired  jurisdiction. 

2.  The  rehearing  was  granted  without  authority  of  law. 

This  motion  was  overruled  by  the  superintendent.  The  trial  re- 
sulted as  before,  in  the  affirmance  of  the  action  of  the  board.  Henry 
Brewer  et  al.  appeal. 

At  the  trial  before  the  superintendent  of  public  instruction  the 
appellee  filed  a  motion  to  dismiss  the  case  upon  the  ground: 

1.  That  the  county  superintendent  had  no  jurisdiction  to  grant  a 
new  trial. 

2.  That  if  he  had  authority  to  grant  a  new  trial,  it  could  only  be 
for  sufficient  cause,  and  that  no  such  oause  was  shown. 

It  is  held  that  the  county  superintendent  may,  for  sufficient  cause, 
grant  a  new  trial,  and  in  so  doing  should  be  governed  by  the  princi- 
ples and  rules  pertaining  to  courts  of  law,  so  far  as  the  same  are  ap- 
plicable. Although  some  doubts  may  exist  as  to  the  sufficiency  of  the 
reasons  assigned  for  granting  a  new  trial  in  this  case,  and  of  the  reg- 
ularity of  the  proceedings,  yet,  sinee  the  second  trial  resulted  as  the 
first,  and  was  without  prejudice  to  the  interests  of  the  appellee,  the 
discretion  of  the  county  superintendent  will  not  be  interfered  with; 
the  case  is,  therefore,  properly  before  the  superintendent  of  public 
instruction  for  a  consideration  of  its  merits. 

From  a  careful  examination  of  the  evidence,  it  is  found  that  the 
injustice  complained  of  is  not  of  such  a  character  as  to  require  any 
interference  with  the  action  of  the  board,  or  of  the  county  superin- 
tendent. 

AFFIRMED. 
ALONZO  ABERNETHY. 

Superintendent  of  Public  Instruction. 
February  11,  1875.' 


SCHOOL  LAW  DECISIONS.  75 


John  S.  David  v.  Independent  District  of  Burlington. 


JOHN  S.  DAVID  v.  INDEPENDENT  DISTRICT  OF  BURLINGTON. 
Appeal  from  Des  Moines   County. 

I.  SCHOOL.  Every  person  between  the  ages  of  five  and  twenty- one  years 
has  the  right  to  attend  school  in  the  district  in  which  he  resides,  regard- 
less of  considerations  relating  to  race,  nationality,  the  holding  of  prop- 
erty, or  the  payment  of  taxes 

2. The  payment  of  school  taxes  does  not  entitle  non-residents  to 

school  privileges. 

3. The  board  have  authority  to  determine  when,  and  upon  what 

terms,  non-resident  pupils  may  attend  the  schools  of  their  district. 

This  appeal  is  brought  to  compel  the  board  of  the  independent  dis- 
trict of  Burlington  to  admit  into  the  public  schools  of  said  district 
appellant's  children,  without  payment  of  tuition,  on  the  ground  that 
he  is  a  large  tax-payer  in  the  district;  the  county  superintendent 
having  affirmed  the  action  of  the  board  in  refusing  to  admit  them. 

The  appellant  resides  about  a  mile  beyond  the  limits  of  the  in- 
dependent district  of  Burlington,  and  near  the  school  in  his  own  dis- 
trict; but  he  claims  that  this  school  is  not  of  suitable  grade  for  his 
children. 

The  law  requires  the  board  to  provide  school  facilities  for  all  the 
children  in  their  own  district,  and  contemplates  that  they  shall,  in  all 
cases,  determine  whether  children  who  are  not  residents,  shall  be 
permitted  to  attend  the  schools  thereof,  and  upon  what  terms.  Sec- 
tion 1793. 

It  is  claimed  by  the  appellant  that  his  children  are  entitled  to  at- 
tend school  in  the  independent  district  of  Burlington  without  the 
payment  of  tuition,  for  the  reason  that  he  owns  property  in  said  in- 
dependent district  and  pays  taxes  thereon;  and  if  the  payment  of 
taxes  could  ever  entitle  a  person  to  such  privileges,  it  doubtless  would 
in  this  case,  as  he  introduces  the  certificate  of  the  county  auditor  to 
show  that  his  school  taxes  for  1874  were  $406.08.  There  is,  however, 
no  provision  of  law  upon  which  to  base  such  claim;  nor  would  such 
provision  well  accord  with  the  spirit  of  our  laws  relating  to  public 
schools.  These  laws  are  founded  upon  the  broad  principle  that  every 


76  SCHOOL  LAW  DECISIONS. 

A.  B.  Reed  et  al.  v.  District  Township  of  Unien. 

person  in  the  state  between  the  ages  of  five  and  twenty- one  years,  is 
entitled  to  the  privilege  of  attending  the  public  schools. 

This  principle  is  wholly  unencumbered  by  any  consideration  re- 
lating to  race,  nationality,  the  holding  of  property,  or  the  payment  of 
taxes. 

To  prevent  confusion  and  the  over-crowding  of  particular  schools, 
it  is  necessary  to  point  out  what  school  each  pupil  has  the  right  to 
attend.  A  more  equitable  rule  could  not  have  been  devised,  than 
that  which  prescribes  that  the  pupil  may  attend  school'm  the  district 
in  which  he  resides.  The  simplicity  and  equity  of  this  rule  are  ap- 
parent. Every  person  has  one  place  of  residence,  and  no  more;  the 
place  of  residence  is  generally  determined  without  difficulty,  and  is 
not  usually  abandoned  for  trivial  causes. 

To  introduce  any  conditions  into  the  laws  dependent  upon  property 
considerations,  would  be  to  outrage  the  fundamental  principles  of  our 
free  school  system. 

To  further  promote  the  convenience  of  the  people,  and  to  give 
elasticity  to  the  rule,  the  board  may,  when  circumstances  require,  per- 
mit non-resident  pupils  to  attend  the  schools  of  their  district. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

February  20,  1875. 


A.  B.  REED  et  al.  v.  DISTRICT  TOWNSHIP  OF  UNION. 
Appeal  from  Mahaska  County. 

1.  SUBDISTRICTS.  Other  things  being  equal,  both  territory  and  school  pop- 
ulation, should  be  about  equally  divided  among  the  subdistricts  of  a  dis- 
trict township. 

2. .    One  subdistrict  should  not  ordinarily  have  an  excess  over  the 

average  subdistrict  of  the  district  township  both  in  territory  and  school 
population,  nor  should  it  lack  in  both. 

The  action  of  the  board  in  changing  subdistrict  boundaries  was  af- 
firmed by  the  county  superintendent;  from  this  decision  A.  B.  Reed 
appeals. 


SCHOOL  LAW  DECISIONS.  77 

A.  B.  Reed  et  al.  v.  District  Township  of  Union. 

Previous  to  the  action  of  the  board,  from  which  appeal  was  taken , 
subdistrict  number  seven  comprised  two  sections  of  land,  upon  which 
reside  about  forty  persons  of  school  age.  The  board  added  three  sec- 
tions from  subdistrict  number  three,  upon  which  reside  some  thirty 
pupils,  leaving  but  three  sections  and  about  twenty-two  pupils. 

It  is  claimed  that  by  this  increase  of  area  in  subdistrict  number 
seven  to  five  sections,  and  the  consequent  increase  of  pupils  to  seventy, 
a  portion  of  the  latter  are  deprived  of  school  privileges.  This  leads 
to  a  consideration  of  the  proper  basis  and  manner  of  dividing  a  dis- 
trict township  into  subdistricts.  It  would  seem,  other  things  being 
equal,  that  both  territory  and  school  population  should  be  about 
equally  divided  among  the  subdistricts  of  the  district  township. 
When  the  population  is  not  uniformly  distributed,  which  is  generally 
the  case,  it  would  appear  that  no  one  subdistrict  should  have  an  ex- 
cess over  the  average  subdistrict  of  the  district  township,  both  in 
territory  and  in  school  population;  nor  should  any  one  subdistrict 
lack  both  in  territory  and  in  school  population,  unless  by  reason  of 
some  controlling  circumstance.  The  location  of  public  roads,  streams 
or  any  other  obstruction,  should  always  be  taken  into  consideration. 
In  this  clase,  area  and  school  population  are  the  only  essential  ele- 
ments. The  average  area  of  a  subdistrict  in  the  township,  is  four 
and  one-half  sections. 

The  school  population,  according  to  the  last  annual  report  of  the 
county  superintendent,  averages  57.5  to  each  subdistrict.  Hence, 
we  find  that  subdistrict  number  seven  lacked  both  in  area  and  school 
population,  and  that  its  boundaries  should  have  been  enlarged;  but 
we  also  find  that  the  subdistrict  from  which  territory  was  taken,  was 
reduced  below  the  average,  both  in  school  population  and  in  area, 
while  the  subdistrict  thus  enlarged,  is  in  excess  in  both. 

We  trust  that  the  board  will,  as  soon  as  practicable,  remove  these 
inequalities  by  a  redi vision  of  the  entire  district  township  into  sub- 
districts.  Questions  as  to  the  validity  of  the  action  of  the  board  are 
also  raised,  but  we  do  not  find  that  they  have,  in  any  manner,  acted 
contrary  to  the  requirements  of  law. 

AFFIRMED. 

ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 
June  21,  1875. 


73  SCHOOL  LAW  DECISIONS. 


J.  W.  Hubbard  v.  District  Township  of  Lime  Creek. 


J.  W.  HUBBARD  v.  DISTRICT  OF  LIME  CREEK. 
Appeal  from  Cerro   Gordo   County. 

1.  APPEAL.    The  execution  by  the  board  of  the  vote  of  the  electors  upon 

matters  within  their  control,  is  mandatory;  from  such  action  of  the 
board  no  appeal  can  be  taken.  If  such  action  is  tainted  with  fraud,  an 
application  to  a  court  of  law  is  the  proper  remedy. 

2.  BOARD  OF  DIRECTORS.    The  board,  though  not  bound  by  a  vote  of  the 

electors  directing  the  precise  location  of  a  school-house  site,  are  re- 
quired to  so  locate  it  as  to  accommodate  the  people  for  whom  designed. 

3 .    If,  in  the  selection  of  a  site,  the  board  violate  law  or  abuse  their 

discretionary  power,  their  action  may  be  reversed  on  appeal. 

The  electors  of  the  district  township  voted  a  tax  to  build  a  school- 
house  on  what  is  known  as  the  Simons  road,  near  where  it  crosses  the 
Central  railroad.  On  a  separate  motion,  the  board  were  instructed 
to  sell  the  school-house  known  as  number  three.  In  accordance  with 
the  first  mentioned  action,  the  board  located  a  school-house  site  on 
said  road,  fifty  feet  from  said  crossing.  From  this  action  appeal  was 
taken;  the  appellant  claiming  it  to  be  a  relocation  of  the  site  known 
as  number  three;  and  that  such  action  was  with  the  express  intention 
of  selling  the  school-house  and  abandoning  the  site  thereof.  The 
county  superintendent  reversed  the  action  of  the  board.  From  this 
decision  the  district  township  appeals. 

The  district  township  coincides  with  a  congressional  township  in 
boundaries  and  extent,  and  is  comprised  in  one  subdistrict.  It  is 
claimed  that  the  action  of  the  district  township  meeting  did  not  rep- 
resent the  wishes  of  the  people;  that  there  are  ninety-five  voters  in 
the  district,  and  but  twenty  seven  were  present  at  such  meeting;  also, 
that  in  the  location  of  the  site,  the  board  did  not  consult  the  conven- 
ience of  the  people. 

Section  1717,  School  Laws,  1874,  provides,  that  the  -electors  of  the 
district,  when  legally  assembled  at  the  district  township  meeting, 
shall  have  power  "to  direct  the  sale,  or  other  disposition  to  be  made 
of  any  school  house,  or  the  site  thereof,  and  of  such  other  property, 
personal  and  real,  as  may  belong  to  the  district." 


SCHOOL  L\W  DECISIONS.  79 

J.  W.  Hubbard  v.  District  Township  of  Lime  Creek. 

Section  1723  provideH  that  the  board  "shall  make  all  contracts, 
purchases,  payments,  and  sales,  necessary  to  carry  out  any  vote  of  the 
district." 

Section  1724  provides  that  the  board  "shall  fix  the  site  for  each 
school-house,  taking  into  consideration  the  geographical  position  and 
convenience  of  the  people  of  each  portion  of  the  subdistriot." 

The  execution  of  the  vote  of  the  electors  by  the  board  is  manda- 
tory; from  their  action  in  so  doing  no  appeal  can  be  taken.  In  case 
such  action  is  in  any  manner  tainted  with  fraud,  an  application  to  a 
court  of  law  is  the  proper  remedy. 

The  power  to  locate  school-house  sites  is  vested  originally  in  the 
board.  Although  the  board  have  authority  to  locate  school-house 
sites,  yet  money  legally  voted  by  the  electors  for  a  specific  pur- 
pose, must  be  expended  in  accordance  with  such  vote;  if  voted  to 
erect  a  school-house  in  a  certain  subdistrict,  it  cannot  legally  be  used 
to  build  a  school-house  in  another;  while  any  directions  of  the  voters 
attempting  to  locate,  precisely,  a  school  house  site,  are  void,  yet  the 
board  is  bound  so  to  locate  it  as  to  accommodate  the  people  for  whom 
designed;  in  the  absence  of  such  instructions  the  board  may  exercise 
more  widely  their  discretion  in  fixing  school-house  sites. 

If,  in  the  performance  of  this  duty,  they  violate  law,  act  with  man- 
ifest injustice,  or  in  any  manner  show  an  abuse  of  discretionary  power, 
their  action  may  properly  be  reversed  by  the  county  superintendent. 

In  this  case  we  do  not  discover  that  the  board  have  in  any  manner 
failed  in  the  proper  performance  of  their  duty. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

July  7,  1875. 


8Q  SCHOOL  LAW  DECISIONS. 

E.  Costing  v.  District  Township  of  Lincoln. 

E.  GOSTING  v.  DISTRICT  TOWNSHIP  OP  LINCOLN. 
Appeal  from  Plymouth  County. 

1.  SCHOOL-HOUSE  SITE  :     Location  of.     The  action  of  a  committee  ap- 
pointed by  the  board  to  locate  a  site  is  of  no  force  until  officially  adopted 
by  the  board  while  in  session. 

2.    .    Subdistrict  boundaries  cannot  be  changed  upon  an  appeal  re- 
lating solely  to  the  location  of  a  site,  nor  can  a  site  be  located  with  the 
expectation  that  boundaries  will  be  changed,  unless  such  is  shown  to  be 
the  intention  of  the  board. 

3.  APPEAL.    The  right  of  appeal  is  confined  to  persons  injuriously  affected 
by  the  decision  or  order  complained  of.    Ordinarily  a  person  living  in 
one  subdistrict  cannot  properly  appeal  from  an  action  of  the  board  locat- 
ing a  site  in  another. 

A  committee  appointed  by  the  board  of  the  above  named  district 
township  to  locate  a  school-house  site  for  the  accommodation  of  the 
residents  of  subdistricts  numbers  seven  and  nine,  reported  that  they 
had  selected  the  northwest  corner  of  section  ten:  and  afterward  that 
they  had  chosen  instead,  a  site  about  eighty  rods  east  of  the  north- 
west corner  of  section  eleven.  There  is  no  record  showing  that  any 
action  was  taken  by  the  board  in  relation  to  these  reports. 

Subdistrict  number  nine  consists  of  the  east  one-half  of  congres- 
sional township  number  90,  range  45. 

E.  Gosting,  the  appellant,  resides  in  subdistrict  number  seven, 
which  comprises  the  west  one-half  of  the  same  congressional  town- 
ship. The  decision  of  the  cpunty  superintendent  is  as  follows : 
"After  considering  the  evidence  and  the  plat  introduced,  I  sustain 
the  committee  in  their  first  location  at  the  northwest  corner  of  sec- 
tion ten  of  said  township."  From  this  decision  D.  M.  Relyea  ap- 
peals. 

The  power  to  locate  school-house  sites  is  vested  in  the  board  of  di- 
rectors. Section  1724,  School  Laws  of  1874.  The  action  of  a  com- 
mittee appointed  by  the  board  to  locate  a  school-house  site  is  of  no 
force  until  their  report  is  officially  adopted  by  the  board  while  in 
session. 

Section  1725  provides  that  the  board  "shall  determine  where  pupils 


SCHOOL  LAW  DECISIONS. 


E.  Gosling  v.  District  Township  of  Lincoln. 


may  attend  school;  and  for  this  purpose  may  divide  their  district 
into  such  subdistricts  as  may  by  them  be  deemed  necessary."  The 
object  of  dividing  a  district  township  into  subdistricts  is  to  determine 
where  pupils  shall  attend  school.  While  it  is  frequently  the  case 
that  pupils  may  more  conveniently  attend  school  in  an  adjoining  sub- 
district,  it  would  obviously  be  improper  to  locate  a  school-house  site 
expressly  for  the  accommodation  of  such  pupils,  unless  with  the  in- 
tention of  subsequently  making  a  redivision  of  the  district  township* 
The  county  superintendent  has  jurisdiction  only  of  the  matter  to- 
which  the  appeal  relates.  He  cannot  properly  upon  an  appeal  relat- 
ing to  the  location  of  a  school  house  site  change  subdistrict  bounda- 
ries; nor  can  he  locate  a  school-house  site  with  the  expectation  that 
such  boundaries  will  ultimately  be  changed,  unless  such  is  shown  to 
be  the  intention  of  the  board. 

The  right  to  appeal  from  actions  of  the  board  is  confined  to  persons 
injuriously  affected  by  the  decision  or  order  of  which  complaint  is 
made.  Section  1829.  Ordinarily,  a  person  living  in  one  subdistrict 
cannot  properly  appeal  from  an  action  of  the  board  locating  a  school- 
house  site  in  another. 

The  decision  of  the  county  superintendent  is  set  aside,  and  the 
location  of  the  school-house  site  is  left  to  the  discretion  of  the: 
board. 

REVERSED. 

ALONZO  ABEBNETHY, 
Superintendent  of  Public  Instruction.. 

September  7,  1875. 


11 


82  SCHOOL  LAW  DECISIONS. 

J.  E.  Brown  v.  District  Township  of  Van  Meter. 

J.  E.  BROWN  v.  DISTRICT  TOWNSHIP  OP  VAN  METER. 
Appeal  from  Dallas   County. 

1.  APPEAL.    The  adoption  of  the  committee's  report  in  favor  of  retaining 
the  old  school-house  site,  is  an  action  from  which  appeal  may  be  taken. 

2.  BOARD  OF  DIRECTORS.     The  action  of  the  board  cannot  be  reversed 
upon  the  allegations  of  appellant  without  proof,  or  by  reason  of  failure 
of  the  board  to  make  defense. 

3 .    The  acts  of  the  board  are  presumed  to  be  regular,  legal  and 

just,  and  should  be  affirmed  on  appeal,  unless  proof  is  brought  to  show 
the  contrary. 

4.    :    Discretionary  acts  of.    The  weight  which  properly  attaches  to 

the  discretionary  actions  of  a  tribunal  vested  with  original  jurisdiction, 
does  not  apply  to  the  decisions  of  an  inferior  appellate  tribunal. 

The  county  superintendent  reversed  the  action  of  the  board  in  se- 
lecting the  old  site  in  subdistrict  number  two,  upon  which  to  erect  a 
new  school-house,  and  located  the  site  about  eighty  rods  westward  of 
tke  old  one. 

From  this  decision  the  district  township  appeals,  claiming  in  sub- 
stance that  the  county  superintendent  erred  as  follows: 

1.  That  there  was  no  action  of  the  board  relative  to  the  selection 
of  a  school-house  site  in  subdistrict  number  two  from  which  an  ap- 
peal would  lie. 

2.  That  the  board  failed,  by  reason  of  a  misunderstanding,  to  ap- 
pear and  defend,  and  that  they  were  unjustly  refused  a  rehearing. 

3.  That  the  old  site  was  suitable,  convenient,  and  at  the  center  of 
population,  both  present  and  prospective;  and  that  the  reversal  of 
the  action  of  the  board  was  without  sufficient  cause,  there  being  no 
evidence  that  they  abused  their  discretionary  power  or  acted  with 
injustice. 

From  the  transcript  it  appears  that  a  committee  was  appointed  to 
select  a  site  for  the  erection  of  a  school-house  in  subdistrict  number 
two;  that  they  reported  in  favor  of  the  old  site,  and  that  their  report 
was  adopted  by  the  board.  The  law  provides  that  an  appeal  may  be 
taken  by  any  party  aggrieved,  from  any  order  or  decision  of  the 
board  of  i directors. 


SCHOOL  LAW  DECISIONS.  §3 

J.  E.  Brown  v.  District  Township  of  Van  Meter. 

That  there  was  an  action  of  the  board,  and  that  the  subject-matter 
to  which  such  action  relates  is  the  location  of  a  school-house  site  in 
subdistrict  number  two,  there  can  be  no  reasonable  doubt;  hence,  the 
action  of  the  board  was  subject  to  appeal,  and  such  appeal  gave  to 
the  county  superintendent  jurisdiction  in  the  matter  of  the  location 
of  said  school-house  site.  Gosting  v.  District  Township  of  Lincoln. 

It  is  the  duty  of  the  county  superintendent  to  give  due  notice  to 
all  parties  directly  interested  in  an  appeal  from  the  board  of  direct- 
ore,  and  to  afford  full  opportunity  for  the  presentation  of  evidence; 
but  the  action  of  the  board  cannot  properly  be  reversed  upon  the 
allegations  of  the  appellant  without  proof,  or  by  reason  of  the  failure 
of  the  board  to  be  present  and  make  defense.  The  acts  of  the  board 
are  presumed  to  be  regular,  legal  and  just,  and  should  be  affirmed  by 
the  county  superintendent  unless  proof  is  brought  to  show  the  con- 
trary. IB  aeon  et  al.  v.  District  Township  of  Liberty.  In  this  case, 
however,  the  board  appear  to  have  had  due  notice  and  ample  oppor- 
tunity to  defend  the  case.  It  is  not  claimed  that  any  additional  evi- 
dence could  be  produced  that  would  materially  affect  the  issue;  but 
that  the  board,  understanding  through  popular  report  that  the  case 
was  withdrawn,  failed  to  be  present  at  the  trial,  and  upon  this  ground 
ask  for  a  rehearing,  which  was  very  properly  refused. 

The  site  selected  by  the  county  superintendent  is  nearly  central, 
being  eighty  rods  west  of  that  chosen  by  the  board.  Both  appear  to 
be  suitable.  The  eastern  part  of  the  subdistrict  is  mostly  prairie 
land,  while  the  western  portion  is,  to  a  considerable  extent,  timber 
land. 

The  evidence  as  to  which  site  will  better  subserve  the  interests  and 
convenience  of  the  residents  of  the  subdistrict  is  conflicting.  The 
board  is  entitled  to  the  benefit  of  any  doubt  upon  this  point.  Unless 
it  is  clearly  proven  that  they  have  violated  law,  abused  their  discre- 
tionary power,  or  have  acted  with  manifest  injustice,  their  action 
should  be  affirmed.  Edwards  v.  District  Township  of  West  Point. 

It  is  urged  by  the  appellee  that  the  same  weight  attaches  to  actions 
of  an  inferior  appellate  tribunal,  upon  appeal,  that  is  given  to  tribu- 
nals having  original  jurisdiction.  It  is  held  that  the  action  of  the 


34  SCHOOL  LAW  DECISIONS. 

D.  C.  Randall  v.  District  Township  of  Lincoln. 

board  in  matters  of  which  they  have  original  jurisdiction,  is  alone 
entitled  to  this  consideration  by  any  superior  tribunal  upon  appeal. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
September  17,  1875. 


D.  C.  RANDALL  et  al.  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Cerro  Gordo  County. 

1.  COUNTY  SUPERINTENDENT.     The  county  superintendent  may  recon- 

sider and  modify  a  decision  on  proof  that  it  does  not  conform  to  law. 

2.  SCHOOL-HOUSE  SITE.    A  site  located  by  the  county  superintendent  can- 

not be  changed  by  the  board,  while  the  condition  of  the  district  remains 
without  material  change. 

The  board  of  the  above  named  district  township  having  located  a 
school-house  site  in  subdistrict  number  six  the  county  superintend- 
ent; on  appeal,  reversed  their  action  May  4,  1875,  selecting  a  site  one- 
fourth  of  a  mile  further  west;  but  upon  information  being  received 
that  said  site  was  not  upon  a  public  highway,  according  to  a  recent 
decision  of  the  circuit  court,  reconsidered  the  decision,  and  located 
the  site  May  24,  1875,  at  a  point  near  the  northeast  corner  of  the 
northwest  one-fourth  of  section  15,  of  said  township,.  Upon  this  site 
a  school:house  was  subsequently  erected.  The  board  at  their  regular 
meeting  in  September  relocated  the  site,  at  the  point  previously 
selected  at  their  April  meeting.  This  action  was  again  reversed  by 
the  county  superintendent  on  appeal.  J.  R.  Perry,  on  behalf  of  the 
board,  appeals  to  the  superintendent  of  public  instruction. 

The  points  involved  in  this  case  are,  first,  the  right  of  the  county 
superintendent  to  re  open  and  review  a  case  after  the  decision  has 
been  announced;  and  secondly,  the  right  of  the  board  to  change  a 
site  which  has  been  selected  by  the  county  superintendent  while  the 
condition  of  the  subdistrict  remains  unchanged. 

The  county  superintendent,  upon  evidence  that  the  site  had  not 
been  fixed  in  accordance  with  the  provisions  of  the  law  requiring 


SCHOOL  LAW  DECISIONS.  85 

Joseph  Hays  v.  District  Township  of  Chester. 

school-house  sites  to  be  upon  a  public  highway,  had  authority  to  recall 
the  decision  and  select  another  site. 

A  school-house  site  located  by  the  county  superintendent  on  appeal 
cannot  be  legally  changed  by  the  board  while  the  condition  of  the 
subdistrict  remains  without  material  change. 

The  decision  of  the  board  of  September  20.  to  attach  certain  terri- 
tory to  the  subdistrict  did  not  so  change  its  condition  as  to  authorize 
the  relocation  of  the  site  at  that  meeting,  since,  by  the  provisions  of 
section  1796,  School  Laws  of  1874,  such  change  does  not  take  effect 

until  the  next  subdistrict  election  thereafter. 

AFFIRMED. 

ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 
February  10,  1876. 


JOSEPH  HAYS  v.  DISTRICT  TOWNSHIP  OF  CHESTER. 

\ 
Appeal  from  Poweshiek  County. 

1.  APPEAL.    Appeal  may  be  taken  from  the  action  of  the  board  in  laying 
the  subject-matter  of  a  petition  on  the  table. 

2.  EVIDENCE.    Sufficient  latitude  should  be  allowed  in  the  introduction  of 
testimony  to  permit  a  full  presentation  of  the  issues  involved,  even  if 
irrelevant  testimony  is  occasionally  admitted. 

Subdistrict  number  one,  district  township  of  Chester,  is  composed 
of  sections  1,  2,  11,  12,  13  and  14;  and  subdistrict  number  six  of  said 
district  township  is  composed  of  sections  23,  24,  25,  26,  27,  34,  35  and 
36. 

A  petition  was  presented  to  the  board  of  directors  praying  that 
sections  1,  2,  11  and  12  be  made  a  subdistrict.  The  board  being  in 
session,  a  motion  was  made  to  form  one  subdistrict,  to  be  composed 
of  said  sections  1,  2,  11  and  12,  and  another  subdistrict  to  be  com- 
posed of  sections  13,  14,  23  and  24.  This  motion  was  lost,  reconsid- 
ered, and  again  lost,  when,  on  motion,  the  whole  subject  was  laid  on 
the  table. 

Upon  appeal  the  county  superintendent  made  an  order  for  the  for- 


86 


SCHOOL  LAW  DECISIONS. 


Joseph  Hays  v.  District  Township  of  Chester. 


mation  of  two  subdistricts  as  follows:  subdistrict  number  one  to  con- 
sist of  sections  1,  2,  11  and  12;  subdistrict  number  six  to  consist  of 
sections  13,  14,  23  and  24.  Winchester  Stockwell,  on  behalf  of  the 
board,  appeals  to  the  superintendent  of  public  instruction. 

At  the  hearing  before  the  county  superintendent  the  appellee  moved 
to  dismiss  the  case  for  the  reason  that  the  secretary's  transcript  shows 
the  subject-matter  complained  of  to  be  still  pending  before  the  board, 
and  that  no  final  decision  or  order  had  been  made  in  relation  to  the 
case. 

From  the  transcript  it  appears  that  the  board  had  twice  refused  by 
direct  vote  to  form  the  subdistricts  in  question.  The  subsequent  mo- 
tion to  lay  the  whole  matter  on  the  table  was  a  convenient  method  of 
preventing  further  discussion. 

The  motion  was  properly  overruled. 

One  of  the  errors  assigned  in  the  affidavit  is,  that  the  superintend- 
ent permitted  the  introduction  of  testimony  pertaining  to  matters 
outside  of  those  presented  by  the  appeal.  If  this  were  true,  which  is 
not  apparent  from  the  record,  it  would  not  form  a  valid  ground  for 
reversal. 

Considerable  latitude  should  be  allowed  in  the  introduction  of  tes- 
timony, to  make  a  full  presentation  of  the  issues  of  the  case,  even 
if  irrelevant  testimony  is  occasionally  admitted. 

Some  of  the  residents  npon  the  territory  in  question  have  an  unrea- 
sonable distance  to  send  to  school.  The  change  made  by  the  superin- 
tendent establishes  two  subdistricts  of  uniform  size  and  shape,  and 
will  probably  permit  the  erection  of  school-houses  on  permanent  sites, 
convenient  of  access  for  all;  and,  it  is  believed,  will  eventually  prove 
to  be  for  the  best  interests  of  the  district. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

April  15,  1876. 


SCHOOL  LAW  DECISIONS. 


87 


Mary  M.  Thompson  v.  District  Township  of  Jasper. 


MARY  M.  THOMPSON  v.  DISTRICT  TOWNSHIP  OJF  JASPER. 
Appeal  from  Adams  County. 

1.  TEACHER.    When  a  teacher  is  dismissed,  in  violation  of  his  contract,  an 
action  in  the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy 
and  adequate  remedy;  when  discharged  for  incompetency,  dereliction  of 
duty,  or  other  cause  affecting  his  qualifications  as  a  teacher,  he  has  the 
right  of  appeal. 

2.    .    The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the 

subdirector  and  board  in  all  matters  pertaining  to  the  conduct  and  wel- 
fare of  the  school. 

The  board  discharged  Miss  Mary  M.  Thompson  for  dereliction  of 
duty  as  teacher  in  one  of  the  public  schools  of  the  district.  She  ap- 
pealed to  the  county  superintendent  who  reversed  their  decision; 
from  this  action,  the  board,  through  their  president,  John  McDevon, 
appealed  to  the  superintendent  of  public  instruction. 

At  the  hearing  before  the  county  superintendent,  the  board  filed  a 
motion  to  dismiss  the  case,  for  want  of  jurisdiction,  insisting  that  the 
teacher,  having  been  dismissed  in  accordance  with  the  provisions  of 
section  1734,  Code,  her  proper  remedy  was  an  action  at  law  for  dam- 
ages. 

When  a  teacher  is  dismissed,  in  violation  of  his  contract,  an  action 
in  the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and 
adequate  remedy;  when  discharged  for  incompetency,  dereliction  of 
duty,  or  other  cause  affecting  his  qualifications  as  a  teacher,  he  has 
the  right  of  appeal  to  the  county  superintendent,  who  is  the  proper 
officer  to  review  questions  of  this  character,  and  to  determine  whether 
the  board  have  in  the  exercise  of  their  authority  violated  the  law  or 
abused  their  discretionary  power.  Questions  concerning  the  validity 
of  contracts,  the  right  to  recover  for  services  performed,  and  the  in- 
terpretation of  law,  belong  especially  to  judicial  tribunals.  Ques- 
tions concerning  the  character  and  qualifications  of  the  teacher,  and 
his  management  of  the  school,  are,  by  appeal,  within  the  jurisdiction 
of  the  county  superintendent. 

The  motion  to  dismiss  was  properly  overruled. 


SCHOOL  LAW  DECISIONS. 


M.  M.  Crookshank  y.  District  Township  of  Maine. 


The  charges  of  dereliction  were,  want  of  promptness  in  commenc- 
ing school  in  the  morning,  and  an  occasional  refusal  to  hear  the  reci- 
tation of  one  or  more  of  her  pupils.  For  this  dereliction  there 
appears  to  have*  been  some  extenuating  circumstances.  Under  the 
contract  it  was  the  subdirector's  duty  to  have  fires  built.  The 
boy  employed  to  do  this  work  often  failed  to  have  the  school-house 
in  comfortable  condition  at  nine  o'clock;  the  teacher  usually  made  up 
lost  time  by  teaching  after  four  o'clock,  and  there  is  no  evidence  that 
the  subdirector  or  board  ever  advised  her  with  regard  to  the  per- 
formance of  her  duties.  The  board  convened  at.  the  school-house 
without  previous  notice  to  the  teacher,  and  after  taking  the  testimony 
of  some  of  her  pupils,  unanimously  voted  to  discharge  her. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

May  8,  1876. 


M.  M.  CROOKSHANK  v.  DISTRICT  TOWNSHIP  OF  MAINE. 
Appeal  from  Linn  County. 

1.  APPEAL:  W hen  an  adequate  remedy.  From  the  exercise  of  ordinary  dis- 
cretion in  the  performance  of  an  official  duty,  enjoined  by  law  upon 
the  board,  appeal  may  be  taken  to  the  county  superintendent;  but  from 
a  refusal  to  act,  or  from  an  action  thereon  clearly  designed  to  defeat  the 
purpose  of  the  law,  an  application  to  the  courts  of  law  to  compel  the 
performance  of  the  enjoined  duty  will  afford  the  most  speedy,  and  in 
some  cases  the  only  adequate,  remedy. 

A  petition  purporting  to  be  signed  by  one-third  of  the  legal  voters 
of  the  district  township  of  Maine  was  presented  to  the  board  March 
20,  1876,  asking  that  a  meeting  of  the  electors  be  called  to  vote  upon 
the  question  of  independent  organizations. 

The  board  ordered  that  the  meeting  be  held  on  the  day  for  the 
next  presidential  election.  On  appeal  this  action  was  reversed  as  not 
being  in  compliance  with  the  law,  and  designed  to  defeat  the  purpose 
for  which  it  was  intended,  and  the  board  was  ordered  to  call  the 


SCHOOL  LAW  DECISIONS.  39 

M.  M.  Crookshank  v.  District  Township  of  Maine. 

meeting  in  time  to  permit  the  formation  of  independent  districts  if 
so  determined  by  vote  of  the  electors.  H.  O.  Bishop  appeals  to  the 
superintendent  of  public  instruction. 

The  action  of  the  board  in  deferring  the  vote  to  determine  the 
question  of  independent  district  organizations  until  the  November  elec- 
tion, was  evidently  for  the  purpose  of  defeating  the  measure,  since 
by  the  provisions  of  section  1804,  Code,  the  organization  of  such  in- 
dependent districts  shall  be  completed  on  or  before  the  first  day  of 
August  of  the  year  in  which  said  organization  is  attempted. 

From  the  exercise  of  ordinary  discretion  in  the  performance  of  an 
official  duty  enjoined  by  law  upon  the  board  appeal  may  be  taken  to 
the  county  superintendent;  but  from  a  refusal  to  act  or  from  an  ac- 
tion thereon  clearly  designed  to  defeat  the  purpose  of  the  law,  an 
application  to  the  courts  of  law  to  compel  the  performance  of  the 
enjoined  duty  will  afford  the  most  speedy  and  in  some  cases  the  only 
adequate  remedy. 

The  examination  of  the  issues  involved  in  the  case  can  be  of  no 
avail,  since  the  opportunity  to  vote  upon  the  question  of  independent 
district  organizations  no  longer  exists,  the  law  authorizing  the  form- 
ation of  such  districts  having  been  repealed,  to  take  effect  July  4, 
1876.  Chapter  155,  laws  of  the  sixteenth  general  assembly. 

The  decision  of  the  county  superintendent  is,  therefore,  reversed 
and  the  case  dismissed. 

REVERSED. 

ALONZO  ABEBNETHY, 
Superintendent  of  Public  Instruction. 

July  21,  1876. 


12 


90  SCHOOL  LAW  DECISIONS. 


8.  W.  Woods  et  al.  v.  District  Township  of  Brighton. 


S.  W.  WOODS  et  al.  v.  DISTRICT  TOWNSHIP  OF  BRIGHTON. 
Appeal  from  Cass  County. 

1.  BOARD  OP  DIRECTORS.    The  acts  of  the  board  are  presumed  to  be  reg- 

ular, legal  and  just;  and  should  be  affirmed  on  appeal  unless  proof  is 
brought  to  show  the  contrary. 

2.  SCHOOL- HOUSE  SITE.    The  prospective  wants  of  a  subdistrict  may  prop- 

erly have  weight  in  determining  the  selection  of  a  site,  when  such  selec- 
tion becomes  necessary;  but  not  in  securing  the  removal  of  a  school- 
house,  conveniently  located  for  the  present. 

3. .    To  make  a  distinction  between  the  children  of  freeholders  and 

those  of  tenants  in  determining  the  proper  location  for  a  school-house, 
is  contrary  to  the  spirit  and  intent  of  our  laws. 

The  board  of  directors,  by  a  vote  of  five  to  two,  rejected  a  petition 
asking  the  removal  of  the  school-house  in  subdistrict  number  eight. 
On  appeal,  the  county  superintendent  reversed  the  action  of  the  board, 
and  ordered  the  removal  of  the  school-house  to  the  place  named  in 
the  petition.  Wm.  F.  Altig  appeals  to  the  superintendent  of  public 
instruction. 

Subdistrict  number  eight  contains  sections  27,  28,  33,  34,  and  sixty 
acres  lying  in  section  32,  and  has  a  good,  commodious  school-house, 
erected  three  years  ago,  one-half  mile  west  of  the  center,  on  a  public 
road  passing  east  and  west  through  the  center  of  the  subdistrict. 

There  are  about  thirty  children  of  school  age  in  the  Jsubdistrict, 
twenty-two  of  whom  reside  in  the  western  half,  and  nineteen  west  of 
the  present  site.  All  those  residing  east  of  the  present  site,  except 
one  child,  are  within  a  mile  and  a  half  of  the  school-house,  while  by 
the  proposed  removal,  a  large  number  would  be  at  a  greater  dis- 
tance. 

The  action  of  the  board  in  refusing  to  remove  a  school -house 
should  not  be  interfered  with  on  appeal,  except  upon  evidence  of  vi- 
olation of  law,  or  abuse  of  discretionary  power.  In  this  case  there  is 
no  evidence  of  such  abuse. 

The  prospective  wants  of  a  subdistriot  may  properly  have  weight 
in  determining  the  selection  of  a  site  upon  which  to  build  a  school- 


SCHOOL  LAW  DECISIONS.  91 

Baptist  Hardy  v.  District  Township  of  Wyacondah. 

house,  when  such  a  selection  becomes  necessary,  but  not  in  determin- 
ing the  removal  of  a  house,  located  conveniently  for  the  present 
wants  of  the  subdistrict. 

It  appears  that  a  considerable  portion  of  the  school  population 
consists  of  the  children  of  tenants,  and  much  stress  is  laid  upon  the 
assumed  distinction  that  should  be  made  between  the  children  of 
tenants  and  those  of  freeholders,  in  determining  the  proper  location 
of  the  school-house.  Distinctions  based  upon  the  ownership  of  prop- 
erty, or  permanence  of  residence  are  not  made  in  the  law,  would 
not  well  comport  with  the  fundamental  principles  upon  which  our 
public  school  system  is  based,  and  should  not  have  weight  in  deter- 
mining the  location  of  school-house  sites. 

It  is  the  duty  of  the  board  to  provide  equal  school  facilities  for  the 
youth  of  the  district  as  far  as  practicable,  regardless  of  considera- 
tions relating  to  permanence  of  residence. 

The  school-house  may  properly  be  removed  whenever  the  condi- 
tions of  the  subdistrict  require  it,  but  unnecessary  expense  should  not 
be  incurred  in  such  removal  in  anticipation  of  possible,  or  even  prob- 
able, changes  of  this  character. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

July  31,  1876. 


BAPTIST  HARDY  v.  DISTRICT  TOWNSHIP  OF  WYACONDAH. 
Appeal  from  Davis  County. 

JURISDICTION.    In  cases  involving  the  validity  of  district  organization  no 
appeal  will  lie.    The  remedy  is  a  writ  in  the  nature  of  quo  warranto. 

On  the  third  day  of  April,  1876,  at  a  special  meeting  of  the  five 
members  of  the  board  of  directors,  a  petition  from  one-third  of  the 
voters  was  received  in  favor  of  organizing  independent  districts,  and 
an  election  was  ordered  for  the  15th  of  April,  to  submit  the  question 
of  changing  the  district  township  organization  to  that  of  independent 
districts  under  the  provisions  of  sections  1815-1818,  Code. 


<)2  SCHOOL  LAW  DECISIONS. 

Baptist  Hardy  v.  District  Township  of  Wyacondah. 

The  election  was  held  and  a  majority  of  fourteen  decided  in  favor 
of  separate  organization.  The  board,  at  a  special  meeting  on  the  27th 
of  May,  called  meetings  in  each  subdistrict  for  the  election  of  officers 
according  to  law. 

On  the  10th  of  June,  the  day  designated  by  the  board  for  said 
election,  five  subdistricts  elected  officers  and  by  implication  the  others 
did  not. 

From  the  last  order  Baptist  Hardy  appealed  to  the  county  superin- 
tendent, because  all  the  several  acts  or  steps  by  which  this  last  action 
was  reached  were  resting  upon  an  illegal  act  or  in  fact  on  no  act  at 
all,  since  the  special  meeting  claimed  to  have  been  held  on  April  3, 
was  not  a  meeting  of  said  board,  but  only  the  action  of  five  members 
of  the  board  who  met  accidentally. 

The  county  superintendent  dismissed  the  case  for  want  of  jurisdic- 
tion, and  Mr.  Hardy  appeals  to  the  superintendent  of  public  instruc- 
tion. 

While  the  alleged  irregularities  in  this  case  differ,  the  main  issue 
is  the  same  as  that  in  IT.  T.  JBowen  v.  District  Township  of  Lafayette^ 
p.  124,  School  Law  Decisions  of  1876,  and  since  all  the  essential 
features  are  there  disposed  of,  it  is  unnecessary  to  review  them. 
Side  issues  might  be  decided  by  this  department;  but  it  is  deemed 
useless  to  do  so,  as  the  want  of  jurisdiction  in  cases  involving  the 
validity  of  district  organizations,  gives  us  no  power  over  the  main 
issue.  The  decision  of  the  county  superintendent  is 

AFFIBMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

September  27,  1876. 


SCHOOL  LAW  DECISIONS.  93 


J.  N.  Arthur  et  al.  v.  Independent  District  of  Fairway. 


J.  N.  ARTHUR  et  al.  v.  INDEPENDENT  DISTRICT  OF  FAIRWAY. 
Appeal  from  Adams  County. 

1.  SCHOOL-HOUSE  SITES:    Location  of.    The  necessities  of  the  present  must 

be  observed  in  locating  school-house  sites,  in  preference  to  the  probabil- 
ities of  the  future. 

2.  NEW  EVIDENCE.    New  evidence  can  be  introduced  only  when  the  facts 

materially  affecting  the  case  could  not  have  been  known  before  the  trial. 

3.  REMANDING  OF  CASES.    When  the  evidence  discloses  that  the  action  of 

the  board  was  an  unwise  one,  and  the  facts  are  not  sufficiently  shown  to 
determine  what  should  be  done,  the  case  should  be  remanded  to  the 
board. 

In  this  case  the  board  of  the  independent  district  of  Fairway,  num- 
ber three,  made  an  order  on  the  26th  of  April  relocating  the  school- 
house  site;  from  this  order  John  N.  Arthur,  John  Weller  and  others, 
residents  of  the  district,  appealed  to  the  county  superintendent,  and 
upon  his  affirming  the  action  of  the  board,  to  the  superintendent  of 
public  instruction. 

The  district  consists  of  sections  one,  two,  eleven,  twelve,  thirteen 
and  fourteen,  and  the  old  school-house  stands  near  the  southwest 
corner  of  the  southeast  quarter  of  section  one.  The  proposed  new 
site  is  in  the  northwest  corner  of  the  southwest  quarter  of  the  north- 
west quarter  of  section  twelve,  on  a  public  highway,  and  one  quarter 
of  a  mile  north  of  the  geographical  center  of  said  district. 

The  grounds  of  obj  ection  by  the  appellants  to  the  removal  are  sub- 
stantially, that  the  new  site  is  on  low  bottom  lands  and  subject  to 
overflow,  not  accessible  at  all  times  of  the  year;  and  that  it  is  not  as 
near  the  center  of  school  population  as  the  old  site.  They  also  sug- 
gest, that  a  location  at  the  cross-roads  one-half  mile  east  of  new  site 
is  better  ground  and  more  convenient  to  the  people.  In  fixing  the 
school-house  site,  the  geographical  position  and  the  convenience  of 
the  people  of  each  portion  of  the  district  should  be  considered.  Sec- 
tion 1724,  School  Laws  of  1876. 

From  the  large  amount  of  testimony  it  is  evident  that  the  new  site 
chosen  is  in  a  low  place,  and  an  affidavit  sent  to  this  office,  and  signed 


94 


SCHOOL  LAW  DECISIONS. 


J.  N.  Arthur  et  al.  v.  Independent  District  of  Fairway. 


by  a  number  of  residents,  proves  beyond  question  that  the  site  has 
been  overflowed  for  several  days  of  the  last  month.  By  a  close  com- 
parison it  is  found  that  the  number  of  residents  who  will  have  their 
distance  to  school  increased  by  choosing  the  new  site,  is  greater  than 
of  those  who  will  have  their  distance  diminished.  By  locating  the 
school-house  at  the  cross-roads,  one-half  a  mile  east  of  the  proposed 
new  site,  which  is  claimed  to  be  higher,  and,  therefore,  less  liable  to 
overflow,  three-fourths  of  the  residents  will  have  their  distance  di- 
minished by  forty  to  one  hundred  and  sixty  rods. 

Although  it  may  be  true,  as  is  affirmed  in  the  testimony,  that  the 
western  part  of  the  district  is  as  capable  of  settlement  as  the  eastern 
part,  the  necessities  of  the  present  must  be  observed  in  locating 
school-house  sites,  in  preference  to  the  probabilities  of  the  future. 
While  it  is  the  rule  of  this  department  to  sustain  discretionary  acts  of 
the  board,  it  seems  that  in  this  case  the  true  interest  of  all  concerned, 
and  justice  to  a  large  portion  of  the  people,  demands  that  the  school- 
house  should  not  be  moved  to  the  new  site  chosen. 

To  what  extent  the  high  waters  of  last  month  did  affect  the  other 
locations  under  consideration,  is  not  known  to  this  department;  it  is, 
therefore,  best  to  let  the  matter  come  up  anew  before  the  county 
superintendent  for  a  rehearing. 

The  decision  of  the  county  superintendent  is,  therefore,  reversed, 
and  the  case  remanded  for  a  rehearing,  with  the  direction  from  this 
department,  that  the  proposed  new  site  is  an  unsuitable  one  for  school 

purposes. 

REVERSED. 

C.  W.  VON  COELLN, 

Superintendent  of  Public  Instruction. 
October  31,  1876. 


SCHOOL  LAW  DECISIONS.  95 

R.  Buzzard  v.  Independent  District  of  Liberty.. 

R.  BUZZARD  v.  INDEPENDENT  DISTRICT  OP  LIBERTY. 
Appeal  from  Monroe  County. 

Quo  WARRANTO.  The  only  proper  means  of  affirming  the  right  to  exer. 
cise  the  privilege  of  an  office,  or  to  contest  the  illegal  exercise  of  the 
same,  is  set  forth  in  sections  3345-3352,  Code  of  1873. 

This  is  an  action  brought  to  compel  the  board  of  the  independent 
district  of  Liberty  to  recognize  R.  Buzzard  as  a  member  elect. 

The  evidence  in  the  case  seems  to  show  that  the  appellant  was  duly 
elected  and  qualified.  On  presenting  himself  at  the  meeting  of  the 
board,  he  was,  by  vote  of  the  board,  debarred  from  acting,  and  another 
person  admitted  as  a  member. 

From  this  order  of  the  board,  he  appealed  to  the  county  superin- 
tendent, who  dismissed  the  case  for  want  of  jurisdiction. 

From  this  action,  R.  Buzzard  appeals  to  the  superintendent  of  pub- 
lic instruction. 

It  has  been  the  uniform  decision  of  this  department  that  the  right 
or  title  to  office  cannot  be  determined  by  any  authority  other  than  a 
court  of  law. 

We  are  compelled  to  agree  with  former  opinions,  by  supreme  court 
decisions,  16  Iowa,  371;  17  Iowa,  368;  22  Iowa,  75,  in  which  the  fact 
that  an  information,  quo  warranto,  is  the  only  proper  means  legally  to 
affirm  the  right  to  exercise  the  privileges  of  an  office,  or  to  contest 
the  illegal  exercise  of  the  same,  is  clearly  set  forth. 

In  all  cases  over  which  we  have  jurisdiction,  our  decision  is  final; 
hence,  if  for  no  other  reason,  we  cannot  assume  jurisdiction  in  this 
matter,  as  both  parties  have  access  to  the  courts,  as  provided  by  sec- 
tions 3345-3352  of  the  Code. 

The  county  superintendent,  therefore,  very  properly  decided  to  dis- 
miss the  appeal,  and  his  order  in  the  case  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

July  2,  1877. 


SCHOOL  LAW  DECISIONS. 


William  Hays  v.  District  Township  of  Jefferson. 


WILLIAM  HAYS  v.  DISTRICT  TOWNSHIP  OF  JEFFERSON. 
Appeal  from  Butler  County. 

HIGHWAY.  Since  the  law  requires  a  school-house  site  to  be  located  on  a 
public  highway,  such  public  highway  must  be  fully  established  by  law 
before  the  location  can«be  made. 

In  this  case,  the  board  relocated  the  site  for  a  school-house  in  sub- 
district  number  three,  changing  it  from  the  northeast  corner  of  sec- 
tion 35  to  the  center  of  the  district,  one-half  mile  farther  north.; 

Appeal  was  taken  to  the  county  superintendent,  who,  on  trial,  af* 
firmed  the  action  of  the  board.  From  his  decision,  Wm.  Hays  ap- 
peals to  this  department. 

Subdistrict  number  three  is  three  sections  in  length  and  two  in 
width,  comprising  sections  23,  24,  25, 26,  35  and  36.  The  school  house 
stands  on  the  northeast  corner  of  section  35,  or  in  the  center  of  the 
four  sections,  25,  26,  35  and  36.  The  large  size  of  the  district  and 
the  fact  that  sections  25  and  26  have  a  number  of  wide  sloughs  run- 
ning through  them,  have  caused  great  dissatisfaction  to  a  portion  of 
the  residents.  To  compromise  the  matter  an  effort  was  made  to 
locate  a  road  connecting  the  two  roads  running  east  and  west  through 
the  district  and  passing  by  the  center.  The  road  would  be  one  and 
one-half  miles  long.  The  supervisors,  probably  at  their  September 
meeting,  ordered  a  part  of  this  road,  one  mile  commencing  at  the 
quarter  post  between  sections  23  and  24  and  running  sorith,  to  be 
opened  on  certain  conditions  which  were  to  be  fulfilled  before  their 
January  session.  The  record  shows  that  these  conditions  were  not 
fulfilled  by  that  time,  and  does  not  show  any  final  action  as  provided 
by  section  947  of  the  Code.  Hence  the  road  has  not  been  established 
by  law,  neither  does  the  evidence  show  that  it  has  been  established 
in  fact,  unless  the  hauling  of  a  few  loads  of  hay  along  the  prairie 
makes  a  road  of  the  wagon  track.  Hence,  if  for  no  other  reason, 
the  action  of  the  board  violated  the  law  by  locating  the  house  away 
from  a  public  highway,  and  the  county  superintendent  erred  in  affirm- 
ing said  action. 

It  is  the  duty  of  the  superintendent  to  satisfy  himself  that  all  the 


SCHOOL  LAW  DECISIONS.  97 

William  Hays  v.  District  Township  of  Jefferson. 

conditions  of  the  law  are  strictly  observed  in  the  location  of  a  school- 
house.  We  are  strongly  in  favor  of  supporting  boards  in  their  exer- 
cise of  discretionary  power;  but  an  appeal  is  made  for  the  purpose  of 
testing  the  equity  of  the  case. 

To  remove  a  school-house  from  the  center  of  a  four  section  district 
to  accommodate  a  larger  district  which  must  sooner  or  later  be  re- 
duced, is,  to  say  the  least,  unwise. 

Besides,  equity  in  this  case  is  utterly  disregarded,  when  persons 
are  obliged  to  travel  five  miles  by  the  road,  to  a  school-house  situated 
in  a  cul  de  sac,  or  at  the  end  of  the  road.  This  is  not  bettered  by 
the  fact  that  this  location  is  the  center  of  the  district.  Would  it  be 
wise  to  locate  in  such  center,  provided  it  was  a  duck  pond?  From 
the  evidence,  this  is  but  little  better,  because  surrounded  by  sloughs 
on  all  sides. 

In  a  district  three  miles  long  and  two  miles  wide,  there  is  great 
probability  that  some  will  be  deprived  of  the  privileges  of  school  by 
reason  of  distance.  It  is  suggested  that  if  the  requisite  number  of 
children  is  not  lacking,  the  board  redistricts  subdistricts  three  and 
five,  making  three  subdistricts  of  four  sections  each  instead  of  two 
with  six  each.  This  would  seem  to  remove  all  difficulty  of  location 
of  school-house  sites. 

As  the  action  of  the  board  violated  law  in  not  establishing  the 
school-house  site  upon  a  public  highway,  and  since  the  county  super- 
intendent sustained  the  order,  his  decision  is  hereby 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

July  6,  1877. 


13 


SCHOOL  LAW  DECISIONS. 


J.  J.  Wilson  et  al.  v.  District  Township  of  Monroe. 


J.  J.  WILSON  et  al.  v.  DISTRICT  TOWNSHIP  OF  MONKOE. 
Appeal  from  Mahaska  County. 

1.  COUNTY  SUPERINTENDENT:    Jurisdiction  of.    The  county  superintend- 

ent is  not  limited  to  a  reversal  or  affirmance  of  the  action  of  the  board, 
but  he  determines  the  same  questions  which  they  had  determined. 

2.  SCHOOL- HOUSE  SITE:    Location  of.    The  location  of  a  school-house  can 

be  dependent  upon  a  change  of  boundaries  only  when  it  is  shown  in  evi- 
dence that  it  is  the  intention  to  make  such  change. 

3.  CONDITIONAL  RULING.    A  county  superintendent  may  make  a  condi- 

tional ruling,  by  which  his  own  decision  is  governed. 

On  the  14th  day  of  April,  1877,  the  board  of  the  above  named  dis- 
trict township  located  the  site  for  a  school-house. 

From  their  action  J.  J.  Wilson  and  others  appealed  to  the  county 
superintendent,  alleging  that  the  board  had  erred  in  making  the  loca- 
tion, in  that,  by  reason  of  distance  owing  to  the  location  of  the  roade, 
the  location  as  made  effectually  deprived  many  of  the  subdistrict  of 
the  privilege  of  attendance  at  school.  On  trial,  the  county  superin- 
tendent reversed  the  action  of  the  board  and  located  a  new  site. 
From  his  decision  the  board  appealed  to  this  department,  claiming 
that  the  county  superintendent  erred  in  selecting  a  site  entirely  differ- 
ent from  those  with  reference  to  which  testimony  was  taken ;  that  it 
is  on  the  extreme  east  line  of  said  subdistrict,  and  hence  cannot  be 
called  at  all  central;  that  the  board  took  into  account  in  making  the 
location  the  possibility  of  a  change  in  the  northern  boundary  of  the 
subdistrict,  which  would  make  the  situation  chosen  a  suitable  one  for 
the  remaining  subdistrict;  that  a  portion  of  his  decision  was  condi- 
tional and  void;  and  that  the  board  did  not  abuse  the  discretion 
vested  in  them  by  making  the  location  as  they  did. 

The  assumption  that  the  county  superintendent  did  not  have  the 
right  to  locate  a  school  house  site  differing  in  location  from  the  one 
made  by  the  board,  or  the  one  petitioned  for  by  the  appellants,  is  a 
mistake.  See  John  Clark  v.  District  Township  of  Wayne,  School 
Law  Decisions,  1376,  page  47;  also  opinion  of  the  attorney  general  in 


SCHOOL  LAW  DECISIONS.  99 

J.  J.  Wilson  et  al.  v.  District  Township  of  Monroe. 

Iowa  School  Journal  for  April,  1866,  in  which  the  following  ruling 
was  made: 

"The  county  superintendent  is  not  limited  to  a  reversal  or  affirm- 
ance of  the  action  of  the  board,  but  he  determines  the  same  questions 
which  it  had  determined."  The  nature  of  the  subdistrict  is  peculiar. 
It  is  long  and  narrow,  and  its  western  boundary,  the  North  Skunk 
river,  which  also  makes  nearly  all  its  southern  boundary,  is  a  disturb- 
ing element  when  we  attempt  to  locate  the  site  of  a  school-house  to 
accommodate  all  the  people. 

While  under  ordinary  circumstances  a  site  near  the  boundary  of  a 
subdistrict  would  be  unadvisable,  in  this  case  it  seems  necessary,  un- 
less additional  road  facilities  can  be  secured. 

The  site  selected  by  the  county  superintendent  is  clearly  the  one 
best  calculated  to  accommodate  the  whole  subdistrict  as  constituted 
at  present. 

The  location  of  a  school-house  site  can  be  dependent  upon  a  change 
of  boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  inten- 
tion of  the  board,  or  boards,  to  make  such  change.  See  E.  Oosting 
v.  District  Township  of  Lincoln,  School  Law  Decisions,  page  80.  In 
this  case,  it  is  not  claimed  that  any  change  is  actually  intended  or 
expected.  The  limit,  as  made  provisionally  by  the  county  superin- 
tendent, of  thirty  days  for  such  changes  of  roads  as  would  make  a 
more  central  location  feasible  and  desirable,  was  too  short  a  time, 
under  the  provisions  of  law,  to  effect  the  result.  For  that  reason  we 
shall  extend  the  time  for  the  establishment  of  a  road  to  ninety  days 
from  the  date  of  his  decision,  or  to  such  time  as  the  board  of  direct- 
ors may  show  to  be  necessary  to  establish  the  road,  provided,  that 
immediate  steps  shall  be  taken  to  bring  about  the  result,  if  desired. 

The  discretion  of  the  board  was  evidently  abused  in  not  providing 
equal  school  facilities  for  those  living  in  the  northern  portion  of  the 
subdistrict,  by  their  location  of  the  school-house  site. 

In  case  the  road  contemplated  is  secured,  the  board  may  locate  the 
site  thereon,  as  near  the  center  of  the  district  as  good  and  suitable 
ground  can  be  found.  If  no  steps  are  taken  to  secure  such  a  road,  or 
in  case  the  road  cannot  be  procured,  the  location  last  chosen  by  the 


}QQ  SCHOOL  LAW  DECISIONS. 

Kennon,  Orme,  Bullock  et  al.  v.  Independent  District  Number  Four,  Nodaway  Township. 

county  superintendent  is  to  be  regarded  as  the  site,  and  his  decision 
is  hereby 

AFFIRMED. 
C.  W.  VON  COELLN, 

Superintendent  of  Public  Instruction. 
August  7,  1877. 


KENNON,  ORME,  BULLOCK  et  al.  v.  INDEPENDENT  DISTRICT  NUMBER 
FOUR,  NODAWAY  TOWNSHIP. 

Appeal  from  Adams   County. 

1.  SCHOOL  HOUSE  SITE.    The  choice  of  a  school-house  site  by  the  electors 

has  no  binding  force. 

2.  DISCRETIONARY  ACTS.    Since  the  board  have  original  jurisdiction,  their 

discretionary  acts  should  not  be  interfered  with  by  an  appellate  tribunal, 
although  not  agreeing  with  their  judgment,  unless  they  violated  law, 
showed  prejudice  or  malice,  or  abused  their  discretion  in  such  a  manner 
as  to  require  interference. 

At  the  annual  meeting  in  March,  1877,  the  electors  of  independent 
district  number  four,  Nodaway  township,  voted  to  issue  bonds  to 
build  a  school-house,  not  specifying  where  to  build  said  house.  The 
board  called  an  informal  meeting  of  the  electors,  which  was  held 
May  12,  to  give  expression  to  their  views  as  to  the  location  they 
would  prefer.  On  the  second  of  June  the  board  made  a  location 
differing  from  the  one  which  a  majority  of  the  electors  had  indicated 
as  their  choice.  From  this  order  of  the  board,  Kennon,  Orme,  Bul- 
lock et  al.)  appealed  to  the  county  superintendent,  who  on  trial,  re- 
versed the  order  of  the  board,  and  selected  the  site  chosen  by  the 
electors  at  the  special  meeting.  David  Shipley  and  Joseph  Landes, 
members  of  the  board,  appeal  to  the  superintendent  of  public  in- 
struction. 

The  evidence  in  the  case  discloses  a  desire  on  the  part  of  the  board 
to  determine  without  prejudice,  the  best  site.  The  expression  of  the 
electors,  as  given,  was  only  suggestive,  and  not  of  binding  force.  If 
the  site  had  been  fixed  by  them  at  the  time  of,  and  in  connection 


SCHOOL  LAW  DECISIONS. 


101 


Kennon,  Orme,  Bullock  et  al.  v.  Independent  District  Number  Four,  Nodaway  Township. 

with,  the  voting  of  the  bond?,  the  board  would  have  been  compelled 
to  follow  those  instructions.  See  Hubbard  v.  District  Township  of 
Lime  Creek,  School  Law  Decisions,  page  78,  first  division  of -syllabus. 
But  there  is  no  provision  in  law  for  an  extra  or  special  meeting  of 
electors  to  instruct  a  board  with  regard  to  the  location  of  a  site,  nor 
are  such  suggestions  of  any  force  except  as  an  expression  of  opinion, 
since  the  board  are  by  law  invested  with  the  power  to  locate  sitee. 

The  fact  that  one  member  of  the  board  changed  his  mind  with  re- 
gard to  the  best  location,  shows,  that  on  further  consideration,  his 
judgment  led  him  to  favor  the  site  best  adapted  to  the  needs  of  the 
district,  since  we  may  not  question  his  motives,  but  must  regard  his 
action  as  based  upon  proper  grounds. 

The  site  chosen  by  the  board  is  near  the  geographical  center  of  the 
district;  and  the  location  of  the  roads,  as  shown  by  the  plat  in  evi- 
dence, is  such  as  would  not  warrant  us  in  reversing  the  discretionary 
act  of  the  board.  And  even  though  an  appellate  tribunal  does  not 
fully  coincide  with  the  decision  of  the  board,  it  is  compelled  to  sus- 
tain their  action,  unless  it  is  proved  conclusively  that  they  violated 
law,  acted  with  passion  or  prejudice,  or  with  manifest  injustice,  since 
boards  of  directors  are  invested  by  law  with  large  discretionary  pow- 
ers, and,  having  original  jurisdiction,  their  acts  are  entitled  to  great 
consideration,  and  should  not  be  reversed  without  the  clearest  rea- 
sons. The  board  are  entitled  to  the  benefit  of  every  doubt.  See 
Bacon  v.  District  Township  of  Liberty,  School  Law  Decisions  of  1876, 
page  150;  Edwards  v.  District  Township  of  West  Point,  School  Law 
Decisions,  page  35;  also  Brown  v.  District  Township  of  Van  Meter  > 
School  Law  Decisions,  page  82. 

Because  we  do  not  believe  that  the  discretionary  power  of  the 
board  has  been  abused  to  such  an  extent  as  to  require  a  reversal,  the 
county  superintendent  should  have  affirmed  the  action  of  the  board, 
and  his  decision  is  hereby 

REVERSED. 

C.  W.  VON  COELLN, 

Superintendent  of  Public  Instruction. 
November  13,  1877. 


1Q2  SCHOOL  LAW  DECISIONS. 


T.  J.  Dunlavy  v.  O.  M.  Klinginsmith. 


T.  J.  DUNLAVY  v.  O.  M.  KLINGINSMITH. 
Appeal  from  Davis  County. 

\.  PUNISHMENT.    The  use  of  the  rod  is  allowable  as  a  last  resort. 

2.  CERTIFICATE:    Revocation  of.    The  inability  to  govern  is  sufficient  reason 
for  withholding  a  certificate  and  for  the  revocation  of  the  same. 

3. :    A  certificate  which  has  expired  by  limitation  cannot  be 

revoked. 

In  this  case  of  T.  J.  Dunlavy  brought  charges  against  O.  M.  Klingin- 
smith, the  teacher  of  his  children,  for  brutal  treatment,  the  specifica- 
tion being  that  said  Klic  ginsmith  whipped  Dunlavy 's  step  son  cruelly 
and  excessively.  Other  charges  were  first  prepared,  but  finally  with- 
drawn. The  county  superintendent  decided  that  the  charges  were 
not  sustained,  and  Mr.  Dunlavy  appeals  to  this  department. 

The  claim  made  by  appellant's  counsel,  that  all  whipping  is  now 
nearly  frowned  down  by  the  people,  if  not  by  the  courts,  does  not 
seem  to  be  well  founded,  when  we  consider  the  strong  position  taken 
by  our  own  court  in  45  Iowa,  250.  That  the  use  of  the  rod  is  the  last 
resort  of  a  good  teacher,  and  is  seldom  used,  we  all  admit;  but 
scarcely  an  experienced  educator  will  say  that  the  use  of  the  rod 
should  be  absolutely  discontinued.  On  the  other  hand,  the  counsel 
for  appellee  mistakes  the  jurisdiction  of  the  county  superintendent, 
when  he  claims  that  such  a  case  as  this  one  cannot  affect  the  with- 
holding or  revocation  of  a  certificate. 

Although  the  general  character  of  the  teacher  may  be  good,  if  he 
should  fail  to  be  able  to  govern  a  school  without  the  constant  use  of 
the  rod,  and  govern  but  poorly  at  that,  it  is  the  duty  of  the  county 
superintendent  to  protect  the  people  from  abuse  by  refusing  to  grant 
a  certificate,  or  if  he  has  granted  it,  he  may  revoke. 

In  the  case  before  us,  it  is  undoubtedly  true  that  the  boy  who 
received  the  whipping  had  provoked  the  teacher  and  deserved  by  his 
persistent  small  offenses  a  severe  punishment.  That  the  punishment 
was  severe,  and  perhaps  too  severe,  is  apparent  from  the  evidence. 
There  is,  however,  no  good  proof  to  show  that  the  teacher  punished 
with  malice  or  intent  to  injure  beyond  a  reasonable  correction. 


SCHOOL  LAW  DECISIONS.  1Q3 

Z.  Darnell  v.  Independent  District  of  Amity. 

The  case  itself  ought  to  have  been  dismissed  by  the  county  super- 
intendent, because,  if  there  was  any  object  in  the  charges,  it  was  for 
the  purpose  of  revoking  the  certificate;  but  a  certificate  expiring  by 
limitation  on  the  6th  of  January  could  not  be  revoked  on  the  22d  of 
January. 

As  long  as  the  case  was  decided  on  its  merits,  we  feel  obliged  to 
sustain  the  discretionary  act  of  the  county  superintendent. 
The  decision  of  the  county  superintendent  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 
April  22,  1878. 


Z.  DARNELL  v.  INDEPENDENT  DISTRICT  OF  AMITY. 
Appeal  from  Lucas  County. 

1.  SUSPENSION  OR  EXPULSION.    Suspension  or  expulsion  of  a  scholar,  in 

an  independent  district,  requires  the  action  of  the  board  by  a  majority, 
and  the  concurrence  of  the  president. 

2.  RECORD.    The  record  of  the  secretary  must  be  considered  as  evidence, 

unless  there  is  proof  of  fraud  or  falsehood. 

The  majority  of  the  board  of  the  independent  district  of  Amity, 
expelled  Z.  Darnell  from  their  school  for  refusing  to  obey  a  rule  of 
the  teacher.  The  said  Darnell  appealed  to  the  county  superintendent, 
who  affirmed  the  action  of  the  board,  and  an  appeal  is  taken  to  the 
superintendent  of  public  instruction . 

Section  1735  requires  a  majority  of  the  board  with  the  concurrence 
of  the  president  in  order  to  suspend  or  expel  a  scholar  for  gross  im- 
morality or  persistent  violation  of  the  regulations  or  rules  of  the 
school. 

This  we  interpret  to  mean,  that  the  board,  in  regular  or  special  ses- 
sion, can  by  a  majority  of  the  board,  with  the  concurrence  of  the 
president,  suspend  or  expel. 

While  there  is  some  doubt  in  this  case  whether  there  really  was  a 
meeting  of  the  board,  we  must  accept  the  record  of  the  secretary  as 
correct  so  long  as  there  is  no  proof  of  fraud  or  falsehood. 


1Q4  SCHOOL  LAW  DECISIONS. 

James  Jacoby  et  al.  v.  Independent  District  of  Nodaway. 

Counsel  for  appellant  seems  to  think  that  the  law  requires  a  regular 
trial  and  defense. 

The  law  makes  no  such  demand.  The  remedy  for  an  aggrieved 
party  is  an  appeal  before  the  county  superintendent,  where  a  trial 
is  had  and  a  defense  can  be  made. 

The  case  in  controversy  shows  on  the  trial  that  the  young  man, 
Darnell,  had  not  obeyed  the  command  of  his  teacher,  who  inflicted  a 
slight  punishment  upon  him  and  others;  for  a  disturbance  in  which 
both  he  and  other  boys  had  participated. 

If  this  refusal  to  obey  was  persisted  in,  the  board,  under  section 
1735,  had  the  right  to  suspend  or  expel  the  said  Darnell. 

The  offense  for  which  the  punishment  was  given  was  perhaps  of 
trivial  character,  but  the  refusal  to  obey  on  the  part  of  a  young  man 
capable  of  reasoning,  was  a  serious  offense,  and  must  be  treated  as 
such. 

The  expulsion  of  the  young  man  was  undoubtedly  a  severe  meas- 
ure, and  if  the  case  had  been  tried  by  us  de  novo,  we  should  have 
substituted  a  conditional  suspension  until  obedience  was  secured. 
But  the  discretionary  act  of  the  board  is  not  tainted  by  malice  nor 
passion,  and  there  is  sufficient  reason  for  sustaining  the  action  of  the 
board.  The  dacision  of  the  county  superintendent  is,  therefore, 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

June  10,  1878. 


JAMBS  JACOBY  et  al.'  v.  INDEPENDENT  DISTRICT  OF  NODAWAY. 
Appeal  from  Adams   County. 

SCHOOL-HOUSE  SITE.  A  school-house  site  fixed  by  county  or  state  super- 
intendent affirming  the  discretionary  act  of  the  board,  allows  the  board 
to  exercise  their  discretion  again,  especially  if  material  changes  have 
occurred . 

In  the  summer  of  1877,  the  board  of  the  independent   district  of 
Nodaway  located  a  school-house  site. 


SCHOOL  LAW  DECISIONS.  1Q5 

James  Jacoby  et  al.  v.  Independent  District  of  Nodaway. 

They  selected  one  not  desired  by  a  large  majority  of  the  electors, 
as  expressed  at  an  informal  meeting  called  by  the  board.  An  appeal 
was  taken  to  the  county  superintendent,  who  reversed  the  action  of 
the  board,  and  in  turn  to  the  superintendent  of  public  instruction, 
who  reversed  the  decision  of  the  county  superintendent,  thereby  sus- 
taining the  action  of  the  board  on  the  ground  that  abuse  of  the  dis- 
cretion given  by  the  law  to  the  board,  as  charged,  was  not  proved. 

Since  the  decision  above  referred  to  was  rendered,  a  dwelling  has 
been  erected  within  twenty  rods  of  the  site  chosen. 

Also,  a  material  addition  has  been  made  to  the  district  on  its  east 
side  of  a  strip  of  land  three  miles  in  length  and  one  half  mile  in 
width.  At  a  meeting  of  the  board  of  directors  held  April  22,  18*78, 
they  relocated  the  school-house  site,  choosing  the  old  site  in  place  of 
the  one  selected  by  them  last  year.  From  their  action  James  Jacoby 
and  others  appealed  to  the  county  superintendent,  who  affirmed  the 
order  of  the  board.  From  his  decision  D.  Shipley  and  Ed.  Kennedy 
appeal  to  the  superintendent  of  public  instruction. 

This  case  was  before  us  last  year  and  we  affirmed  the  action  of  the 
board  in  selecting  the  new  site,  sustaining  the  discretionary  act  of  the 
board.  Hence,  the  principle  that  a  site  selected  by  the  county  or 
state  superintendent  cannot  be  changed  unless  there  have  been  ma- 
terial changes  in  the  district,  does  not  apply.  There  have  been 
changes  by  the  addition  of  new  territory  and  a  dwelling  feeing  erected 
within  less  than  forty  rods  of  the  proposed  site.  The  choice  of  the 
old  site  is  in  conformity  with  the  wish  of  a  majority  of  the  electors, 
and  does  not  prove  any  abuse  of  discretion,  much  less  a  violation  of 
law.  The  action  of  the  board  is  therefore  sustained,-  and  the  decis- 
ion of  the  county  superintendent 

-    AFFIRMED. 
C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

August  26,  1878. 


14 


106 


SCHOOL  LAW  DECISIONS. 


L.  E.  Cormack  et  al.  v.  District  Township  of  Lincoln. 


L.  E.  CORMACK  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Adams  County. 

1.  CONTRACTS.    An  appeal  will  not  lie  to  enforce  a  contract. 

2.  JANITORIAL  SERVICES.    If  a  teacher  serves  as  janitor  in  sweeping  the 

room  and  building  fires,  he  should  be  paid  from  the  contingent  fund  for 
such  services, 

Mr.  Vandyke,  a  subdirector  in  the  district  township  of  Lincoln, 
contracted  with  Mrs.  L.  E.  Cormack  as  teacher  for  the  winter  term  of 
school.  The  terms  of  the  contract  included  that  the  teacher  was  to 
receive  twenty-five  dollars  per  month  for  teaching  and  one  dollar  and 
twenty- five  cents  a  month  for  building  the  fires  and  sweeping  the 
school-house.  The  board  refused  to  audit  the  full  account,  which 
would  give  the  teacher  pay  for  janitor's  work,  claiming  that  said  sub- 
director  exceeded  his  authority  in  so  contracting.  Mrs.  Cormack  ap- 
pealed to  the  county  superintendent  who  reversed  the  action  of  the 
board.  W.  C.  Potter,  president  of  the  board,  appeals  to  the  superin- 
tendent of  public  instruction. 

This  case  has  evidently  for  its  object  the  securing  of  money  on 
contract  and  as  section  1836  prevents  county  and  state  superintend- 
ents from  rendering  a  judgment  for  money,  it  has  been  the  common 
custom  to  refuse  to  entertain  any  appeal  in  which  a  contract  is  to  be 
decided  by  such  appeal;  for  this  reason  the  county  superintendent 
should  have  dismissed  the  case  for  want  of  jurisdiction. 

It  may  not  be  out  of  place  here  to  state,  that  unless  a  contract  with 
the  teacher  provides  that  building  fires  and  sweeping  the  house  is  in- 
cluded, the  board  cannot  require  such  service  of  the  teacher.  The 
payment  for  such  services  should  come  from  the  contingent  fund  and 
should  be  specifically  mentioned.  The  teachers'  fund  is  not  to  be 
used  for  paying  for  janitorial  services. 

Without  deciding  any  question  at  issue,  we  are  of  the  opinion  that 
the  subdirector  did  not  exceed  his  authority  given  him  by  section 
1753  when  he  agreed  to  pay  a  reasonable  sum  for  janitorial  services 
beside  the  twenty-five  dollars  paid  under  instruction  from  the  board 
for  teacher's  services.  But  since  we  do  not  consider  the  case  within 


SCHOOL  LAW  DECISIONS.  1Q7 

District  No.  2,  Harlan  Township  v.  District  No.  1,  Harlan  Towcship. 

our  jurisdiction  the  decision  of  the  county  superintendent  is  reversed 
and  the  case  dismissed. 

REVEKBEI*, 
C.  W.  VON  COELLN, 

Superintendent  of  Public  Instruction. 
March  1,  1879. 
NOTE.— We  have  since  learned  that  the  teacher  recovered  in  a  suit  in  the  courts  at  law. 


DISTRICT  No.  2,  HARLAN   TOWNSHIP,   v.   DISTRICT   No.  1,  HARLAN 

TOWNSHIP. 

Appeal  from  Page  County. 

1.  AFFIDAVIT.    The  lack  of  an  affidavit  is  sufficient  ground  to  refuse  a 

hearing. 

2.  ARBITRATION.    If  the  county  superintendent  is  asked  to  arbitrate  no 

appeal  will  lie. 

3.  TUITION.    Collection  of  tuition  under  section  1793  cannot  be  done  by 

appeal  to  the  county  superintendent,  but  must  be  settled  through  the 
courts. 

We  fail  to  find  in  this  case  the  affidavit  of  appeal  from  an  action 
of  the  board  of  number  one.  This  of  itself  is  such  an  irregularity 
as  to  invalidate  the  whole  proceeding.  From  the  secretary's  tran- 
script and  the  evidence  we  learn  that  district  number  two  presented 
a  bill  of  tuition  to  district  number  one,  and  that  the  latter  refused  to 
pay  the  same,  whereupon  the  two  boards  agreed  to  an  arbitration  by 
the  county  superintendent.  If  this  is  the  transaction  we  have  no 
right  to  meddle  with  such  arbitration,  and  it  should  be  adhered  to  by 
both  parties.  If  the  case  had  been  regularly  before  the  county  su- 
perintendent on  appeal  based  upon  proper  affidavit  our  opinion  is 
that  the  county  superintendent  should  have  dismissed  the  case,  as  it 
was  indirectly  a  judgment  for  money,  which  neither  county  nor  state 
superintendent  can  decide.  Section  1836,  Code  of  1873.  The  man- 
ner of  deciding  such  cases  is  indicated  in  section  1793.  The  account, 
if  refused,  should  have  been  presented  to  the  county  auditor,  and  by 


1Q8  SCHOOL  LAW  DECISIONS. 

W.  F.  Eankin  v.  District  Township  of  Lodomillo. 

him  be  paid  from  the  next  semi-annual  apportionment.     The  other 
board  has  a  remedy  by  ic  junction  upon  the  auditor. 

We  would  add  here  that  we  have  held  that  such  a  notice  by  a  sec- 
retary holds  good  only  for  the  term,  or  for  such  longer  time  as  the 
board  may  agree  upon. 

At  present,  with  the  amendment  made  by  the  seventeenth  general 
assembly,  chapter  41,  no  such  account  can  be  made  except  by  consent 
of  the  county  superintendent,  in  which  case  no  appeal  will  lie. 

With  these  explanations  we  feel  obliged  to  dismiss  the  case  as  not 
within  our  jurisdiction. 

DISMISSED. 
C.  W.  VON  COELLN, 

Superintendent  of  Public  Instruction. 
April  24,  1879. 


W.  F.  RANKIN  v.  DISTRICT  TOWNSHIP  OF  LODOMILLO. 
Appeal  from   Clayton  County. 

1.  RECORDS.    The  record  of  the  secretary  shall  be  considered  as  evidence, 

and  not  be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud 
or  falsehood. 

2.  TERRITORY:  transfer  of.    Where  territory  is  to  be  transferred  by  con- 

current action  of  two  boards  to  the  district  to  which  it  geographically 
belonged,  a  majority  of  the  members  elect  is  not  necessary,  as  required 
for  the  change  of  subdistrict  boundaries. 

This  appeal  relates  to  the  transfer  of  territory  in  the  civil  township 
of  Cass,  which  has  belonged  to  the  district  township  of  Lodomillo 
since  1856,  to  the  township  to  which  it  geographically  belongs. 
,  The  board  of  the  district  township  of  Cass  appointed  a  committee 
to  meet  a  committee  chosen  by  the  Lodomillo  board,  to  agree  upon 
terms  of  transfer.  The  district  township  of  Lodomillo  also  appointed 
a  committee.  The  joint  committee  agreed  upon  a  report,  which  the 
board  of  Cass  adopted  September  16, 1878.  On  the  12th  day  of  Oc- 
tober, 1878,  the  LodomiJlo  board,  by  a  vote  of  four  of  the  six  mem- 
bers present  of  a  board  of  ten,  also  adopted  the  report  and  accepted 
the  proposition  agreed  to  by  the  board  of  Cass. 


SCHOOL  LAW  DECISIONS.  1QQ 

W.  F.  Rankin  v.  District  Township  of  Lodomlllo. 

From  the  action  of  the  Lodomillo  board  Wm.  F.  Rankin  appealed 
to  the  county  superintendent,  who  dismissed  the  case  for  want  of 
j  arisdiction,  and  stated  that  the  action  of  the  board  was  plainly- in 
violation  of  law,  since  the  law,  section  1738,  requires  a  majority  of 
the  board  to  change  the  boundaries  of  subdistricts.  From  this  decis 
ion  W.  F.  Rankin  appeals  to  the  superintendent  of  public  instruc- 
tion. 

The  secretary's  transcript  of  the  transactions  of  the  meeting  of  the 
board  of  Lodomillo,  held  October  12, 1878,  does  not  show  any  irregu- 
larity in  the  transaction;  does  not  show  the  number  of  members  pres" 
ent,  nor  the  number  of  votes  cast  by  which  the  motion  was  carried. 

According  to  a  well  established  principle  of  law  the  records  of  any 
public  or  private  corporation  must  be  considered  as  regular,  and  can- 
not be  set  aside  by  parol  evidence,  except  under  an  allegation  of 
fraud.  Based  upon  the  evidence  of  the  transcript  the  whole  transac- 
tion was  carried  on  in  conformity  with  law,  and  we  can  see  no  reason 
to  interfere  with  the  action  of  the  board. 

If  we  admitted  the  testimony  of  M.  E.  Axtel,  showing  that  only 
six  members  of  a  board  of  ten  were  present,  and  that  four  of  these 
six  voted  for  the  transfer,  we  would  still  hold  that  said  transfer  was 
legally  made. 

The  action  of  the  board  was  not  a  change  of  boundaries  of  subdis- 
tricts, but  a  transfer  under  section  1798.  The  territory  transferred, 
being  part  of  districts  organized  before  the  law  of  1858  took  effect, 
could  be  transferred  by  concurrent  action  of  the  boards  to  the  district 
to  which  it  geographically  belongs,  and  the  limitation  of  section 
1738,  requiring  a  majority  of  the  board  to  change  subdistrict  bounda- 
ries, is  not  applicable  to  this  case. 

The  appeal  is  brought  from  the  action  of  the  board,  which  con- 
curred, and  is  therefore  taken  in  a  proper  manner.  For  the  reason 
set  forth  the  action  of  the  board  is  sustained  and  the  decision  of  the 

county  superintendent  is 

REVERSED. 

0,  W.  VON  COELLN, 

Superintendent  of  Public  Instruction. 
May  28,  1879. 


SCHOOL  LAW  DECISIONS. 


L.  B.  Colburn  v.  District  Township  of  Silver  Creek. 


L.  B.  COLBURN  et  al.  v.  DISTRICT  TOWNSHIP  OF  SILVER  LAKE. 
Appeal  from  Palo  Alto   County. 

1.  EVIDENCE.    To  establish  malice  or  prejudice  on  the  part  of  the  board, 

positive  evidence  must  be  introduced. 

2.  COUNTY  SUPERINTENDENTS.    A  county  superintendent  should  not  ask 

the  state  superintendent  to  decide  a  case  on  appeal  for  him,  but  may  ask 
for  an  interpretation  of  law,  either  by  the  state  superintendent,  or 
through  him,  by  the  attorney  general. 

On  the  25th  day  of  August,  1879,  the  board  of  the  district  town 
ship  of  Silver  Lake  fixed  the  location  of  a  school  house  on  the  old 
site. 

From  this  order  of  the  board,  L.  B.  Colburn  and  others  appealed  to 
the  county  superintendent,  who  affirmed  the  action  of  the  board,  and 
from  this  decision  the  same  parties  appeal  to  the  superintendent  of 
public  instruction. 

Among  the  errors  enumerated,  the  appellants  urge  that  the  county 
superintendent  erred  in  holding  that  the  board  was  not  actuated  by 
passion  or  prejudice. 

We  fail  to  find  any  evidence  establishing  the  existence  of  such 
malice  or  prejudice  on  the  part  of  the  board.  Appellants  also  claim 
that  the  county  superintendent  erred  in  basing  his  decision  on  the 
verbal  opinion  of  the  state  superintendent,  given  prior  to  the  hearing 
of  the  case. 

This  gives  us  an  opportunity  of  censuring  a  practice  quite  common 
among  county  superintendents  to  ask  the  superintendent  of  public 
instruction  for  his  opinion  in  an  appeal  which  is  pending.  I  have 
made  it  a  universal  practice  to  refuse  answers  upon  the  questions  in- 
volved in  the  particular  case,  and  have  given  only  the  general  princi- 
ples which  should  govern  county  superintendents  in  determining  cases 
of  appeal.  These  general  principles  are  so  well  established  that  an 
intelligent  county  superintendent  ought  to  be  familiar  with  them. 

I  believe  that  I  advised  the  county  superintendent  in  this  case  not 
to  measure  the  respective  distances  of  the  different  locations  from  the 
geographical  cenier,  before  the  trial  of  the  appeal. 


SCHOOL  LA.W  DECISIONS. 


William  Bartlett  v.  District  Township  of  Spencer. 


It  is  proper  for  a  county  superintendent  to  ascertain  the  interpre- 
tation of  points  of  law,  by  securing  an  opinion  from  this  department, 
or  from  the  attorney  general,  through  this  department. 

Without  fully  determining  the  merits  of  the  respective  locations, 
we  must  hold  that  the  board  did  not  abuse  their  discretion  sufficiently 
to  warrant  interference.  The  appellants  failing  to  prove  malice  or 
prejudice  on  the  part  of  the  board,  their  order  should  stand,  and  the 
decision  of  the  county  superintendent  affirming  their  action  is 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 
March  30,  1880. 


WM.  BARTLETT  v.  DISTRICT  TOWNSHIP  OF  SPENCER. 
Appeal  from   Clay   County. 

1.  APPEAL.    May  be  taken  by  any  resident  elector  of  the  district,  aggrieved 

by  action  of  the  bdard 

2.  BOUNDARIES.    Must  conform  to  congressional  divisions  of  land. 

3   (SCHOOL-HOUSE  SITES:  Proper  location  of.    Depends  upon  form  of  dis- 
tricts. 

On  the  22d  day  of  October,  1881,  the  board  of  the  above  named 
district  township  adopted  the  report  of  a  committee  locating  a  site 
for  a  school-house  in  subdistrict  number  nine,  on  the  southeast  corner 
of  the  southeast  quarter  of  section  twenty-one. 

From  their  order,  Wm.  Bartlett  appealed  to  the  county  superin- 
tendent, who  reversed  the  action  of  the  board  and  located  the  site  on 
the  northwest  corner  of  the  northeast  quarter  of  the  southeast  quar- 
ter of  section  twenty- one. 

From  this  decision  of  the  county  superintendent,  C.  F.  Archer  and 
D.  A.  Davis  appeal  to  the  superintendent  of  public  instruction. 

The  counsel  for  the  appellants  files  a  motion  to  dismiss  the  appeal 
on  the  ground  that  persons  not  parties  to  the  hearing  below  are  de- 
barred from  appealing  to  the  superintendent  of  public  instruction. 

It  has  been  repeatedly  held  that  any  person  aggrieved  may  prose- 


SCHOOL  LA.W  DECISIONS. 


William  Bartlett  v.  District  Township  of  Spencer. 


cute  an  appeal  from  the  decision  of  the  county  superintendent,  unless 
the  right  of  appeal  has  been  waived  by  previous  agreement.  See 
case  of  Edwards  et  al.  v.  District  Township  of  West  Point,  page  35, 
School  Law  Decisions,  1888.  Also,  case  of  Gosting  v.  District  Town- 
ship of  Lincoln,  page  80,  same. 

The  subdistrict  in  which  the  location  was  made  was  formed  by 
action  of  the  board  at  their  regular  meeting  in  last  September.  The 
boundaries  fixed  by  the  board  at  that  time,  as  shown  by  the  plats  in 
evidence,  are  the  Little  Sioux  river  and  Prairie  creek  on  the  north, 
east  and  south,  and  the  half  section  line  running  north  and  south 
through  sections  eighteen,  nineteen,  thirty  and  thirty-one,  as  the 
western  boundary. 

It  is  shown  by  the  plat,  that  the  half  mile  strip  on  the  western  side 
of  the  subdistrict  is  supposed  not  to  belong  to  subdiatrict  number 
nine,  and  it  is  stated  by  the  county  superintendent  that  this  territory 
is  supposed  to  be  temporarily  attached  to  the  adjoining  township  for 
school  purposes.  We  are  compelled  to  notice  this  irregularity  of 
boundaries,  since  the  proper  location  of  any  school-  honse  obviously 
depends  largely  upon  the  form  and  extent  of  the  territory  for  which 
the  house  is  designed.  Section  1796,  providing  for  the  creation  of 
subdistricts  and  for  subsequent  alterations  in  their  boundaries,  con- 
tains the  following:  Provided,  That  the  boundaries  of  subdistricts 
shall  conform  to  the  lines  of  congressional  divisions  of  land. 

When  government  lines  follow  large  streams,  or  other  bodies  of 
water,  a  division  is  sometimes  formed  containing  less  than  forty 
acres,  but  unless  such  exception  applies,  the  smallest  congressional 
division  is  the  one-sixteenth  of  a  section,  or  forty  acres  in  a  square 
form. 

In  fixing  the  boundaries  of  subdistricts  no  smaller  subdivision  can 
be  made,  and  a  forty  acre  tract  must  be  included  in  the  subdistrict, 
or  excluded,  as  a  whole. 

The  only  provision  of  law  by  which  the  half  mile  strip  could  be 
attached  to  the  adjoining  district  township,  is  found  in  section  1797. 
The  transfer  can  be  made  only  when  natural  obstacles  intervene. 

It  is  apparent  from  the  plats  in  evidence  that  no  large  unbridged 
stream,  or  any  other  natural  obstacle,  exists.  Hence  we  must  con- 
clude that  it  is  the  duty  of  the  board  of  directors  of  the  district  town- 
ship of  Spencer  to  provide  that  the  strip  in  question  shall  be  a  part 


SCHOOL  LAW  DECISIONS. 


E.  H.  Colcord  v.  District  Township  of  Vinton, 


of  some  subdistrict.     It  seems  probable  that  a  portion  of  the  territory 
referred  to  will  naturally  fall  to  subdistrict  number  nine. 

The  county  superintendent  appears  to  have  presumed  that  the  sub- 
district  would  ultimately  include  all  the  territory  to  the  township 
line. 

That  the  territory  does  belong  to  the  district  township  of  Spencer, 
unless  it  has  been  attached  to  the  adjoining  township  in  accordance 
with  section  1797,  there  can  be  no  question. 

Such  being  the  facts  in  this  case,  and  the  evidence  disclosing  that 
the  board  did  not  exercise  that  care  in  selecting  a  site  which  is  desir- 
able when  so  many  interests  are  involved,  we  are  disposed  to  remand 
the  case  to  the  board,  with  the  suggestion  that  they  adjust  the  bound- 
aries of  the  subdistrict,  and  determine  upon  some  other  site  than  the 
one  chosen  by  them,  with  the  intention  to  furnish  the  best  accommo- 
dation to  all  parties. 

REVERSED  AND  REMANDED. 

J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

February  15,  1882. 


E.  H.  COLCORD  y.  INDEPENDENT  DISTRICT  OF  VINTON. 

Appeal  from  Benton  County. 
SCHOOL  PRIVILEGES.    Determined  by  the  residence  of  the  child. 

The  board  of  the  above  named  district  refused  Ola  Penine,  a  girl 
living  in  the  family  of  Mr.  Colcord,  admission  to  school  unless  tuition 
was  paid,  the  board  regarding  her  as  a  non-resident  scholar.  Mr. 
Colcord  appealed  from  their  order  to  the  county  superintendent,  who 
affirmed  the  action  of  the  board,  and  Mr.  Colcord  appeals  to  the  su- 
perintendent of  public  instruction. 

The  leading  question  to  be  determined  in  this  case  is  the  residence, 

for  school  purposes,  of  Ola  Penine.     It  appears  from  the  evidence 

that  she  has  been  living  in  the  family  of  Mr.  Coloord  for  the  last 

seven  years,  and  that  she  was  placed  there  by  her  father  with  the 

15 


SCHOOL  LA.W  DECISIONS. 


E.  H.  Colcord  v.  District  Township,  of  Vinton. 


understanding  that  she  should  make  that  her  home  and  be  sent  to 
school. 

There  is  nothing  to  show  any  understanding  as  to  the  time  she  was 
to  remain,  but  her  father  testifies  that  he  had  not  surrendered  control 
of  her,  and  that  she  was  subject  to  be  called  to  his  home  at  any 
time. 

While  her  residence  within  the  independent  district  of  Vinton  may 
be,  in  the  meaning  of  the  school  law,  of  such  a  character  as  to  entitle 
her  to  school  privileges,  this  fact  has  not  been  clearly  established, 
and  we  cannot  find  that  the  county  superintendent  erred  in  affirming 
the  order  of  the  board. 

It  is  the  presumption  of  law  that  every  child  is  entitled  to  the  priv- 
ileges of  the  public  schools  in  some  district,  and  the  first  part  of  sec- 
tion 1794  very  clearly  makes  the  actual  residence  of  the  pupil  the 
test  by  which  to  determine  where  he  may  attend  school.  We  are  of 
the  opinion  that  the  affidavit  of  Mr.  Colcord,  that  Ola  Penine  is  a 
member  of  his  family  and  a  resident  of  the  independent  district  of 
Vinton,  would  entitle  her  to  attend  the  schools  free  of  tuition.  If 
such  an  affidavit  had  been  presented,  and  the  board  had  refused  per- 
mission, we  think  the  county  superintendent  would  then  have  erred 
in  sustaining  the  board. 

Under  the  circumstances  the  decision  of  the  county  superintendent 

is 

AFFIRMED. 

J.  W.  AKERS, 

Superintendent  of  Public  Instruction. 
March  31,  1882. 


SCHOOL  LAW  DECISIONS. 


J.  D.  Handersheldt  v.  District  Township  of  Des  Moines. 


J.  D.  HANDERSHELDT  v.  DISTRICT  TOWNSHIP  OF  DES  MOINES. 
Appeal  from  Jefferson  County. 

1.  DISCRETION:    Abuse  of.    Is  not  established  by  evidence  showing  that  a 

different  action  on  the  part  of  the  board  would  have  been  preferred  by 
electors. 

2.  DISTRICT:     Validity  of  .Organization.    The  county  superintendent  has  no 

jurisdiction  to  determine  the  validity  of  district  organization. 

A  petition  was  presented  to  the  board  of  the  above-named  district 
township,  asking  that  certain  territory  in  Des  Moines  township  be 
set  aside  to  form,  in  connection  with  territory  to  be  obtained  from 
the  independent  district  of  Liberty,  number  eight,  a  new  subdistrict 
to  be  known  as  subdistrict  number  nine,  Des  Moines  township,  Jeffer- 
son county,  Iowa. 

The  board  acted  on  this  petition  and  made  the  following  order: 
"In  the  matter  of  the  petition  of  John  Handersheldt  and  Silas  Pear- 
son, asking  for  the  formation  of  a  new  subdistrict  to  be  known  as 
number  nine,  in  the  district  township  of  Des  Moines,  Jefferson  county, 
Iowa.  All  the  territory  within  the  boundary  lines  therein  described, 
is  hereby  granted,  provided  sufficient  territory  be  granted  by  the  in- 
dependent school  district  of  Liberty,  number  eight,  to  make  a  suita- 
ble and  convenient  subdistrict  as  to  the  amount  of  territory  and  the 
number  of  children  of  school  age;  and  provided,  that  in  case  the 
territory  is  not  granted  by  said  independent  district  of  Liberty  num- 
ber eight,  then  said  territory  hereby  granted  shall  remain  and  be  a 
part  of  subdistrict  number  five,  of  the  district  township  of  Des  Moines, 
Jefferson  county,  Iowa  " 

On  the  28th  day  of  April,  1882,  the  board  of  the  district  township 
of  Des  Moines,  at  a  special  meeting>  adopted  the  following  resolu- 
tion: 

"It  is  hereby  ordered  that  all  action  heretofore  taken  by  the  board 
of  the  district  township  of  Des  Moines,  Jefferson  county,  Iowa,  in 
the  formation  and  organization  of  subdistrict  number  nine,  in  the 
above-named  township,  is  hereby  rescinded." 

From  this  action  of  the  board,  Mr.  J.  D.  Handersheldt  appealed  to 


SCHOOL  LAW  DECISIONS. 


J.  D.  Handersheldt  v.  District  Township  of  Des  Molnes. 


the  county  superintendent,  who  upon  hearing  the  case  on  appeal  ren- 
dered the  following  decision;  "A  resolution  passed  rescinding  an 
action  which  has  not  as  yet  taken  effect,  is  legal,  but  so  far  as  it  con- 
cerns formation  and  organization  which  is  already  completed,  it  is 
illegal." 

From  the  action  or  decision  of  the  county  superintendent,  J.  D. 
Handersheldt  appeals  to  the  superintendent  of  public  instruction. 

It  appears  from  the  transcript  of  the  county  superintendent  that 
the  witnesses  were  not  sworn,  as  required  by  law.  See  note  (d)  un- 
der section  1834,  School  Laws  1880. 

According  to  the  uniform  holding  of  this  department,  a  failure  to 
take  evidence  under  oath  is  fatal  to  the  case,  even  though  from  its 
nature  it  came  properly  before  the  county  superintendent  on  appeal. 

A  brief  examination  will  be  sufficient,  we  think,  to  show  that  this 
action  should  have  been  dismissed  by  the  county  superintendent  for 
want  of  jurisdiction.  "No  appeal  will  lie  when  the  validity  of  dis- 
trict organization  is  involved."  See  case  of  JV.  T.  JBowen  v.  District 
Township  of  Lafayette,  page  124,  School  Liws  1876." 

This  appeal  was  taken  from  the  action  of  the  board  to  the  superin- 
tendent, for  the  purpose  of  determining  whether  or  not  the  board 
erred  in  rescinding  their  former  action  creating  subdistrict  number 
nine.  There  was  very  little  evidence  bearing  on  this,  the  sole  issue 
in  the  case.  Witnesses  simply  stated  that  they  were  or  were  not  in 
favor  of  subdistrict  number  nine. 

Such  testimony  can  have  no  bearing  in  an  action  to  establish  error 
on  the  part  of  the  board.  Appellants  set  forth  in  their  affidavit  that 
the  county  superintendent  erred,  in  that  he  refused  to  admit  testi- 
money  to  show  that  there  never  had  been  any  legal  organization  of 
subdistrict  number  nine.  We  think  such  evidence  was  properly  ex- 
cluded, and  yet  it  is  necessary,  to  enable  any  tribunal  to  arrive  at  a 
decision  of  the  case;  for  if  the  district  was  organized  according  to 
law,  then  the  board  committed  error  in  making  an  order  which  oper- 
ated to  discontinue  it,  and  hence  to  change  the  boundaries  of  subdis- 
tricts  at  a  time  of  year  in  which,  according  to  our  holding,  it  cannot 
be  done. 

Upon  this  presumption,  viz.:  that  the  district  was  legally  organ- 
ized, they  committed  error  by  making  a  change  of  subdistrict  bound- 


SCHOOL  LAW  DECISIONS. 


George  Hansel  et  al.  v.  District  Township  of  Mallory. 


aries  without  a  majority  of  the  whole  board.     Section  1738,  note  (£), 
School  Laws  1880. 

It  must  therefore  be  determined  whether  the  conditions  upas  which 
the  board  of  Des  Moines  township  granted  the  territory,  were  ful- 
filled, or,  in  other  words,  it  must  be  known  whether  or  not  the  inde- 
pendent district  number  eight,  of  Liberty,  concurred  in  the  transfer 
of  the  territory. 

But  neither  the  county  superintendent  nor  this  department  is  com- 
petent to  determine  the  legality  of  a  district  organization,  and  it  is 
therefore  impossible  to  decide  whether  or  not  the  board  committed 
error. 

The  remedy  is  an  application  to  a  court  of  law  for  mandamus  to 
compel  the  board  to  recognize  the  director  of  subdistrict  number 
nine,  as  a  school  officer  and  member  of  the  board  of  the  district 
township  of  Des  Moines,  Jefferson  county,  Iowa. 

Were  the  issues  involved  within  our  jurisdiction,  we  would  not 
hesitate  to  consider  them,  but  as  no  questions  of  such  nature  are  con- 
nected with  the  case  it  is 

DISMISSED. 
J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

November  2,  1882. 


GEORGE  HANSEL  et  al.  v.  DISTRICT  TOWNSHIP  OP  MALLORY. 

Appeal  from  Clayton  County. 

1.  TAXES.    Must  be  certified  in  accordance  with  vote  of  the  electors. 

2.  SCHOOL- HOUSE  SITE:    Location  of.    A  vote  of  the  electors  to  select  the 
precise  location  of  a  school-house  is  not  mandatory  on  the  board. 

3.    .    Must  be  selected  with  reference  to  convenience  of  the  people. 

By  this  action  it  is  sought  to  set  aside  an  order  of  the  board  of  the 
above  named  district  township  locating  a  school- house  in  subdistrict 
No.  5. 

At  their  regular  meeting  on  the  first  Monday  of  March,  1881,  the 


118  SCHOOL  LAW  DECISIONS. 

George  Hansel  et  al.  v.  District  Township  of  Mallory. 

electors  of  the  above  named  subdistrict  voted  a  tax  of  $600  for  the 
purpose  of  building  a  school-house. 

On  the  second  Monday  of  March,  1881,  the  electors  of  said  district 

township  voted  a  tax:  of  $1,200,  to  be  apportioned  as  follows: 

To  subdistrict  No.  2,  $400. 

To  subdistrict  No.  3,  $400. 

To  subdistrict  No.  5,  $400. 

On  the  26th  day  of  March,  1881,  the  board  held  a  special  meeting 
for  the  purpose  of  apportioning  the  tax  as  voted  by  the  electors. 

On  motion,  as  amended  by  J.  Cree,  the  tax  of  $400,  as  voted  by  the 
electors  for  the  benefit  of  subdistrict  No-  3,  was  stricken  out.  On 
motion  of  R.  B.  Flenniken  the  tax  of  $75  voted  by  the  electors  for 
subdistrict  No.  8,  was  also  striken  out,  leaving  a  total  tax  of  $900. 

The  secretary  of  the  board  then  certified  this  amount  to  the  board 
of  supervisors,  as  the  tax  voted  by  the  electors  and  apportioned  by 
the  board  as  follows: 

Subdistrict  No.  2,  $300. 
Subdistrict  No.  5,  $300;  and, 
District  township  at  large,  $300. 

On  the  15th  of  July  the  board  held  a  called  meeting  for  the  purpose 
of  locating  the  school-house  in  subdistrict  No.  5. 

At  this  meeting  an  order  was  made  locating  the  house  about  one 
mile  from  the  town  of  Osterdook,  on  the  northeast  corner  of  NE£  of 
SE£  of  Sec.  2,  T.  91,  R.  3. 

From  this  action  of  the  board  George  Hansel  et  al.  appealed  to  the 
county  superintendent,  who  affirmed  the  action  of  the  board. 

E.  A.  Bush  and  S.  W.  Shaffer  appeal  to  the  superintendent  of  pub- 
lic instruction. 

We  have  stated  the  case  at  some  length  for  the  purpose  of  calling 
attention  to  a  flagrant  violation  of  law  on  the  part  of  the  district 
township  board  in  certifying  to  the  township  trustees  a  tax  wholly 
different  from  the  levy  voted  by  the  electors. 

The  tax  as  certified  by  the  secretary  was  $900,  to  be  apportioned 
as  stated  above,  whereas  $1,200  was  voted  by  the  electors,  $400  of 
which  was  for  the  purpose  of  building  the  school-house  in  subdistrict 
No.  5.  The  board  is  bound  to  certify  the  tax,  and  to  employ  the 
funds  raised  in  strict  accordance  with  the  vote  of  the  electors. 


SCHOOL  LAW  DECISIONS. 


George  Hansel  et  al.  v.  District  Township  of  Mallory. 


Where  the  law  is  so  plain  it  is  difficult  to  understand  how  such  an 
abuse  of  power  could  have  been  allowed  to  pass  unchallenged. 

Counsel  for  appellant  assigns  error  on  the  part  of  the  board,  in 
that  they  violated  law  in  selecting  a  site  different  from  that  chosen 
by  the  electors,  and  in  support  of  this  position  refers  to  the  case  of 
Kennon  et  al.  v.  Independent  District  of  Nodaway  No.  h  School  Law 
Decisions,  1888,  page  100. 

It  is  there  stated  that  "If  the  site  had  been  fixed  by  them  (the 
electors)  at  the  time  of  and  in  connection  with  the  voting  of  the 
bonds,  the  board  would  have  been  compelled  to  follow  those  instruc- 
tions." 

In  this  opinion  we  cannot  concur,  and  we  think  it  does  not  follow 
from  the  case  of  Hubbard  v.  District  Township  of  Lime  Creek,  School 
Law  Decisions,  page  78,  on  which  it  appears  to  rest.  It  was  there 
held  that  money  voted  to  build  a  house  in  one  subdistrict  could  not 
be  used  to  build  a  house  in  another  subdistrict,  but  that  any  attempt 
on  the  part  of  the  electors  to  locate,  precisely,  a  school-house  site  was 
void  and  of  no  binding  force. 

The  power  to  locate  sites  is  vested  by  law  in  the  board  of  directors 
—  Sec.  1724,  School  Laws,  1880  —  and  the  county  superintendent  very 
properly  refused  to  sustain  a  charge  of  error  on  this  ground. 

But  while  the  board  may  not  be  restricted  by  the  electors,  the  law 
requires  that  they  so  locate  sites  as  to  serve  the  convenience  of  the 
people,  and  if  they  refuse  to  do  so  their  action  may  be  set  aside  on 
the  ground  that  a  manifest  injustice  has  been  done. 

We  cannot  avoid  the  conviction  that  in  the  present  case  an  injus- 
tice, sufficient  to  warrant  a  reversal,  has  been  done  the  people  of  Os- 
terdock  and  vicinity.  In  order  to  make  this  clear  it  will  be  necessary 
to  consider  the  case  at  some  length. 

The  county  superintendent  relies  upon  the  principle,  so  frequently, 
stated  by  this  department,  that  one  strong  school  is  more  to  be  de- 
sired than  two  schools  not  largely  attended;  and  since  it  is  shown  in 
evidence  that  it  is  the  intention  of  the  board  to  discontinue  the 
school  at  the  old  site,  and  unite  the  two  schools  at  the  site  as  pro- 
posed, their  action  should  be  affirmed. 

As  a  rule  this  is  correct,  but  in  the  case  of  a  subdistrict,  composed 
of  very  broken  country,  there  may  and  ought  to  be  exceptions. 


120  SCHOOL  LAW  DECISIONS. 

Appleton  Park  y.  Independent  District  of  Pleasant  Grove. 

The  town  of  Osterdock  is  situated  in  the  valley  of  the  Turkey 
river,  on  the  extreme  north  line  of  the  district.  The  bluff  passing 
up  to  the  elevated  country  adjacent  is  steep  and  difficult  of  ascent 
when  muddy  and  slippery,  or  when  covered  with  snow  and  ice.  The 
district  is  of  considerable  length,  and  if  the  convenience  of  the  peo- 
ple is  consulted  it  would  seem  that  two  schools  should  be  provided- 
It  also  appears  in  evidence  that  many  children  residing  out  of  the 
town  of  Osterdock  will  be  compelled  to  pass  through  the  town  on 
their  way  to  the  school-house,  as  located  by  the  board. 

It  is  with  extreme  reluctance  that  we  set  aside  the  action  of  the 
board  and  the  county  superintendent,  but  believing  that  a  manifest 
injustice  has  been  done  the  people  of  Osterdock  and  vicinity,  we  are 
compelled  to  hold  that  the  board  should  have  selected  a  site  at  or 
near  Osterdock,  and  the  decision  of  the  county  superintendent  is 
therefore 

REVERSED. 
J.  W.  AKERS, 

Superintendent  of  Public  Instruction. 
November  22,  1882. 


APPLETON  PAEK  v.  INDEPENDENT  DISTRICT  OF  PLEASANT  GROVE. 
Appeal  from  D  es  Moines   County. 

1.  RECORD:  Impeachment  of:  Tarol  evidence  cannot  be  admitted  in  im- 
peachment of  a  record  if  made  and  certified  to  by  the  proper  officers  as 
required  by  law. 

2. .    Not  so  made  and  certified  to  is  defective  and  may  be  impeached 

by  collateral  evidence. 

3.  CHARGES.    Must  be  clearly  sustained  by  evidence. 

4.  TEACHER.    The  law  provides  that  a  teacher  shall  have  a  fair  and  impar- 
tial trial,  with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  bis 
accusers. 

Appleton  Park,  a  school  teacher  of  Des  Moines  county,  was  duly 
engaged  and  contracted  with  to  teach  the  school  in  the  independent 
district  of  Pleasant  Grove. 


SCHOOL  LAW  DECISIONS. 


Appleton  Park  v.  Independent  District  of  Pleasant  Grove. 


He  began  teaching  on  the  4th  day  of  September,  1882;  after  some 
ten  or  eleven  days  had  expired,  during  which  time  he  had  taught  the 
school,  he  was  waited  upon  by  the  entire  board  of  said  district,  called 
to  the  door  and  informed  that  certain  rumors  were  being  circulated, 
to  the  effect  that  he  had  been  guilty  of  using  obscene  and  vulgar  lan- 
guage in  the  presence  of  his  pupils,  and  during  regular,  school  hours. 
The  board  called  at  the  school-house  again  about  the  hour  for  closing: 
the  school  in  the  afternoon,  and,  the  school  having  been  dismissed, 
they  proceeded  to  examine  three  of  the  boys  as  to  the  truth  of  the 
charges  above  referred  to. 

The  result  of  this  action  was  that  the  teacher  left  the  school  and 
board  employed  another  teacher. 

Mr.  Park  appealed  to  the  county  superintendent,  who  reversed  the 
action  of  the  board,  whereupon  D.  L.  Portlock,  president  of  the 
board,  appeals  to  the  superintendent  of  public  instruction. 

The  principal  difficulty  presented  in  this  case  seems  to  be  to  de- 
termine just  what  that  action,  or  order  of  the  board,  was  from  which 
appeal  was  taken. 

The  transcript  filed  by  the  secretary  of  the  board,  is  as  follows: 

"Complaint  being  made  by  some  of  the  scholars  to  the  school 
board,  in  regard  to  the  teacher,  Appleton  Park,  using  indecent,  rough 
and  insulting  language  during  school  time,  the  board  met  at  the 
school-house  to  make  an  investigation.  The  board  stated  the  above 
charges,  to  the  teacher,  Appleton  Park,  who,  after  reflecting  upon  the 
matter,  proposed  his  resignation  to  the  board. 

The  board,  after  due  consideration,  accepted  the  same.  The  ques- 
tion being  settled  in  the  above  way,  and  no  other  business  before  the 
board,  the  board  then  adjourned." 

D.  L.  PORTLOCK,  President. 
F.  M.  STUCKER, 
H.  FLEKNOR, 

F.  A.  FRIDEMAN,  Secretary. 

The  parol  evidence  of  Appleton  Park  was  admitted  to  offset  and 
impeach  the  record. 

This  was  clearly  in  violation  of  well  established  law,  if  the  record 
was  really  what  it  purported  to  be,  a  true  and  authenticated  copy  of 
the  proceedings  of  the  meeting  of  the  board  referred  to. 

16 


122  SCHOOL  LAW  DECISIONS. 

Appleton  Park  v.  Independent  District  of  Pleasant  Grove. 

Starkie  on  evidence,  says:  "Where  written  instruments  are  ap- 
pointed, either  by  the  immediate  authority  of  law,  or  by  the  compact 
of  the  parties,  to  be  the  permanent  repositories  and  testimony  of 
truth,  it  is  a  matter  both  of  principle  and  of  policy,  to  exclude  any 
inferior  evidence  from  being  used,  either  as  a  substitute  for  such  in- 
struments, or  to  contradict  or  alter  them;  of  principle,  because  such 
instruments  are  in  their  own  nature  and  origin  entitled  to  a  much 
higher  degree  of  credit  than  that  which  appertains  to  parol  evidence; 
of  policy,  because  it  would  be  attended  with  great  mischief  and  in- 
convenience if  those  instruments  upon  which  men's  rights  depend 
were  liable  to  be  impeached  and  controverted  by  loose  collateral  evi- 
dence." Starkie,  part  IV,  p.  995,  Vol.  Ill,  3d  Amer.  Ed. 

The  fact  that  the  transcript  referred  to  is  not  certified  to  by  the 
secretary,  and  the  further  fact  that  he  was  not  present  at  the  board 
meeting  in  question,  and  wrote  the  minutes  as  dictated  from  memory 
by  the  president  of  the  board,  three  days  after  the  meeting,  fully 
justified  the  superintendent  in  ruling  it  out  and  in  admitting  parol 
evidence. 

We  come  now  to  consider  whether  the  trial  before  the  board  was 
such  a  proceeding  as  is  required  by  section  1734. 

The  board  called  in  the  morning  and  informed  the  teacher  of  the 
charges  preferred  to  them,  against  him;  whereupon  he  offered  to 
resign.  They  instructed  him  to  proceed  with  his  school  and  stated 
that  they  would  return  in  the  evening.  During  the  day  the  board 
worked  up  their  case  against  the  teacher,  while  he  was  so  employed 
as  to  prevent  him  from  giving  thought  or  attention  to  the  charges,  or 
to  the  preparation  of  any  adequate  defense. 

We  must  sustain  the  superintendent  in  finding  that  the  trial  and 
opportunity  to  defend  was  not  what  the  law  intends  every  teacher 
shall  have.  Every  teacher  is  entitled  to  the  sympathy  and  support  of 
the  school  board,  and  where  there  is  any  reasonable  doubt  as  to  the 
truth  of  stories  circulated  by  school  children,  the  teacher  should  have 
the  benefit  of  such  doubt. 

We  believe  that  had  the  board  been  in  sympathy  with  their  teacher 
in  this  instance,  they  would  have  decided  that  the  charges  were  not 
sustained  by  the  evidence,  at  least  by  any  evidence  which  appears  of 
record. 


SCHOOL  LAW  DECISIONS.  123 

H.  D.  Fisher  v.  District  Township  of  Tipton. 

That  the  teacher  offered  to  resign  in  the  evening  does  not  appear 
from  the  evidence  offered  in  behalf  of  the  board,  while  it  does  ap- 
pear that  at  least  one  member  of  the  board  told  him  "  he  had  better 
quit." 

We  are  compelled  to  hold  that  the  teacher  was  dismissed,  and  that 
in  doing  so  for  no  sufficient  reason  the  board  erred,  and  the  decision 
of  the  county  superintendent  is  therefore 

APFIBMED. 
J.  W.  AKERS, 

Superintendent  of  Public  Instruction. 
February  16,  1883. 


H.  D.  FISHER  v.  DISTRICT  TOWNSHIP  OF  TIPTON. 
Appeal  from  Hardin   County. 

1.  SCHOOL-HOUSE  SITE.     When  purchased  by  board  not  subject  to  the 
provisions  of  section  1825. 

2.  LOCATION.    May  be  within  less  than  forty  rods,  when  obtained  by  pur- 
chase. 

On  the  28th  day  of  March,  1884,  the  board  of  the  above  named 
district  township  ordered  the  purchase  of  an  acre  of  ground  for  a 
school-house  site  on  the  corner  of  section  15,  township  87  north, 
range  21  west. 

H.  D.  Fisher,  who  is  the  owner  of  land  immediately  adjoining  said 
site,  objected  to  the  location,  on  the  ground  that  the  site  was  within 
less  than  forty  rods  of  his  residence. 

The  board  adhered  to  their  decision  in  disregard  of  his  objection, 
whereupon  H.  D.  Fisher  appealed  to  the  county  superintendent,  who 
affirmed  the  action  of  the  board. 

H.  D.  Fisher  appeals  to  the  superintendent  of  public  instruction. 

Affiant  alleges  that  the  board  violated  law  in  purchasing  a  site 
within  less  than  forty  rods  of  his  residence,  against  his  will  and  with- 
out his  consent.  This  was  the  only  error  assigned  in  'his  affidavit  of 
appeal  to  the  county  superintendent,  and  the  same  is  the  only  error 


124:  SCHOOL  LAW  DECISIONS. 

H.  D;  Fisher  v  District  Township  of  Tipton. 

assigned  in  the  affidavit  of  appeal  to  the  superintendent  of  public  in- 
struction. 

The  case  will  therefore  be  confined  to  a  consideration  of  the  alleged 
grievance,  and  all  argument  of  counsel  and  all  evidence  taken  to 
establish  an  abuse  of  discretion  in  changing  the  location  of  the  house 
need  not  be  considered. 

On  trial  before  the  county  superintendent,  defendant  filed  a  motion 
to  dismiss  the  action  for  want  of  jurisdiction.  This  motion  to  dis- 
miss was  over-ruled,  and  defendant  excepted. 

The  motion  to  dismiss  was  filed  on  the  ground  that  there  had  been 
no  order  or  decision  of  the  district  township  board  from  which  an 
appeal  could  be  taken,  and  no  action  taken  as  shown  by  the  transcript 
of  the  record,  upon  any  matter  affecting  the  rights  of  H.  D.  Fisher. 

The  transcript  of  the  secretary  states  that  on  the  29th  of  March 
the  board  located  the  new  site  on  a  piece  of  ground  bought  of  Ferdi- 
nand Beckman. 

This  was  an  action  from  which  any  person  aggrieved  might  appeal. 
The  appeal  was  based  on  a  charge  that  the  board  had  violated  law, 
and  it  was  proper  for  the  county  superintendent  to  hear  the  case  in 
order  to  determine  whether  the  law  had  been  violated  or  not. 

Counsel  urges  that  the  case  should  have  been  dismissed  because 
affiant  made  no  objection  to  the  location  until  after  the  purchase  of 
the  land  and  until  after  he  was  estopped  for  so  objecting.  But  even 
through  the  neglect  to  object  in  season  would  bar  affiant  from  subse- 
quent interference,  it  was  the  duty  of  the  county  superintendent  to 
proceed  with  the  trial  in  order  to  determined  by  evidence  when  and 
how  objection  was  made. 

We  think  that  the  county  superintendent  had  jurisdiction,  and  that 
the  motion  to  dismiss  was  properly  over-ruled. 

In  the  eighth  count  of  defendant's  argument  it  is  urged  that  the 
county  superintendent  had  not  original  jurisdiction  to  try  or  to  adju- 
dicate a  matter  not  acted  upon  by  the  board. 

But  the  removal  of  the  school-house  to  its  proposed  location  was 
determined  by  the  board,  and  from  that  action  appeal  was  taken,  and 
not  from  their  refusal  to  consider  the  objection  of  affiant. 

The  ground  of  the  defense  is  the  delay  of  H.  D.  Fisher  to  make 
known  his  objection  to  the  location  of  the  school-house  within  forty 
rods  of  his  dwelling. 


SCHOOL  LAW  DECISIONS.  125 

H.  D.  Fisher  v.  District  Township  of  Tipton. 

The  county  superintendent  sustains  the  action  of  the  board  for  the 
reason  that  the  site  was  purchased,  affiant  knowing  of  the  intention 
of  the  board  to  purchase  the  ground  and  to  locate  the  houae,  _and 
making  no  objection  until  after  the  contract  to  move  the  house  had 
been  let  by  the  board. 

Whether  the  decision  of  the  county  superintendent  should  be  af- 
firmed, for  the  reasons  assigned,  need  not  be  considered,  as  the  case 
will  be  determined  upon  the  construction  of  the  statute  prohibiting 
the  location  of  a  school-house  within  less  than  forty  rods  of  a  dwell- 
ing, the  owner  whereof  objects. 

The  case  was  tried  by  the  county  superintendent  and  argued  by 
counsel  on  both  sides  as  coming  under  the  act  authorizing  boards  to 
condemn,  and  to  take  and  to  hold  school  house  sites. 

We  think  this  point  worthy  of  a  careful  examination.  Chapter 
124,  laws  of  18*70,  first  authorized  boards  to  take  and  told  land  for 
school-house  sites. 

Recognizing  that  they  were  conferring  a  dangerous  power  upon 
such  boards,  they  prudently  enacted  certain  restrictions  to  govern 
such  boards  in  the  exercise  of  that  power.  But  it  was  not  intended, 
we  think,  to  so  restrict  boards,  except  when  exercising  the  power 
therein  conferred. 

This  chapter  was  subsequently  embodied  in  the  Code,  and  is  now 
found  to  be  contained  in  sections  1825,  1826,  1827  and  1828,  School 
Laws  1880. 

Section  1825  says:  "  It  shall  be  lawful  for  any  district  townhip,  or 
independent  district,  to  take  and  hold,  under  the  provisions  con- 
tained in  this  chapter,"  etc. 

The  provisions  contained  in  this  chapter,  or  in  the  following  sec- 
tions, are  as  follows: 

That  the  real  estate  so  taken  shall  not  exceed  one  acre. 

The  site  "  so  taken "  must  be  on  some  public  highway,  at  least 
forty  rods  from  any  residence  the  owner  (of  the  residence)  whereof 
objects  to  its  being  placed  nearer. 

And  not  in  an  orchard,  garden  or  public  park. 

It  is  perfectly  clear  that  ground  cannot  be  condemned  in  disregard 
of  any  one  of  these  provisions.  But  the  site  in  question  was  not 
condemned  and  taken,  but  it  was  purchased  of  a  third  party  and  a 


SCHOOL  LAW  DECISIONS. 


H.  D.  Fisher  v.  District  Township  of  Tipton. 


good  and  sufficient  deed  made  over  to  the  district  township  of  Tipton. 

Do  the  provisions  above  quoted  apply  in  cases  where  sites  are  pur- 
chased? If  any  one  of  them  does,  they  all  do. 

First,  "  the  land  so  taken  shall  not  exceed  one  acre."  No  one  would 
hold  that  boards  may  not  buy,  and  districts  hold,  more  than  one  acre 
of  land  for  school-house  purposes,  provided  they  are  limited  to  a  reas- 
onable amount. 

This  restriction  then,  is  of  no  force  except  in  cases  where  sites  are 
condemned. 

Again,  "  and  not  in  any  orchard,  garden  or  public  park." 

Does  it  follow,  therefore,  that  boards  cannot  purchase  an  orchard, 
garden,  or  park,  for  a  school-house  site  if  they  desire  it,  and  the 
owner  is  willing  to  sell  ? 

We  think  not,  by  any  means.  And,  "at  least  forty  rods  from  any 
dwelling,  the  owner  whereof  objects,"  etc. 

This  limitation  has  exactly  the  same  force  and  application,  and  no 
other.  Land  within  forty  rods  of  a  residence  cannot  be  condemned 
if  the  owner  objects;  but  if  a  third  party  is  willing  to  sell  a  school- 
house  site,  and  the  district  purchases  and  pays  for  it,  it  is  not  compe- 
tent for  the  owner  of  a  dwelling  to  restrain  the  location  on  the  ground 
that  it  is  within  forty  rods  of  such  dwelling. 

We  think  this  interpretation  of  the  law  borne  out  both  by  its  evi- 
dent meaning  and  its  phraseology. 

We  are  aware  that  it  has  for  many  years  been  the  holding  of  this 
department  that  a  school-house  site,  whether  obtained  by  purchase  or 
otherwise,  could  not  be  placed  nearer  than  forty  rods  to  any  residence 
the  owner  objecting,  and  it  is  with  regret  that  we  must  reverse  a  rul- 
ing of  so  long  standing;  but  from  the  fact  th*at  in  many  thickly  set- 
tled communities  our  school  houses  are  being  crowded  into  sloughs 
and  out  of  the  way  places,  and  the  further  fact  that  it  is  not  warranted 
by  the  law,  we  are  compelled  to  do  so. 

We  must,  therefore,  hold  that  the  board  of  the  district  township  of 
Tipton  violated  no  law  in  purchasing  the  site  and  in  ordering  the  re 
moval  of  the  school-house  thereon. 

The  decision  of  the  county  superintendent  is  therefore 

AFFIRMED. 
J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

July  7,  1884. 


SCHOOL  LAW  DECISIONS.  127 

Ezra  Koontz  v.  District  Township  of  Liscomb. 

EZRA  KOONTZ  v.  DISTRICT  TOWNSHIP  OF  LISCOMB. 

Appeal  from  Marshall  County. 

1.  SUBDISTRICTS:  Form  of.    It  is  very  important  that  subdistricts  should  be 

regular  in  form,  and  that  where  it  is  possible,  school-houses  should  be 
located  at  or  near  geographical  centers. 

2.  SCHOOL-HOUSE  SITE:  Location  of.    The  condition  of  matters  within  the 

subdistrict  should  govern  the  location  of  the  house.    The  attendance  of 
parties  from  an  adjoining  subdistrict  should  not  determine  change  of  site. 

A  petition  was  presented  to  the  board  of  the  above  named  district 
township,  asking  tjiat  certain  changes  be  made  in  subdistrict  bounda- 
ries, viz.:  That  the  southwest  quarter  of  section  eighteen  be  detached 
from  subdistrict  number  four,  and  attached  to  subdistrict  number 
five;  also,  that  the  south  half  of  section  twenty  one  be  detached  from 
subdistrict  number  five,  and  attached  to  subdistrict  number  six. 

On  the  16th  day  of  February,  1884,  the  board  granted  the  prayer  of 
petitioners  and  ordered  the  plat  of  subdistrict  boundaries  to  be  so 
altered  as  to  agree  with  the  above  changes. 

Ezra  Koontz  appealed  to  the  county  superintendent,  who  reversed 
the  order  of  the  board. 

P.  T.  Beatch,  president  of  said  board,  appeals  to  the  superintend- 
ent of  public  instruction. 

Subdistrict  number  five  contains  a  little  more  than  five  sections  of 
land,  and  if  the  order  of  the  board  is  sustained  it  will  contain  a  little 
more  than  four  and  one-half  sections.  The  south  half  of  section 
twenty  one  formerly  belonged  to  subdistrict  number  six,  but  was 
transferred  to  subdistrict  number  five  in  order  to  create  better  school 
facilities  for  the  children  of  Ezra  Koontz,  who  lives  on  the  extreme 
south  line  of  eubdistrict  number  six,  while  the  school-house  is  at  the 
geographical  center,  and  no  public  road  leading  to  it. 

The  electors  of  the  district  township  voted  $1,000  to  procure  a 
highway  for  the  accommodation  of  Mr.  Koontz;  but  this  fund  was 
subsequently  transferred  to  the  teachers'  fund,  and  the  movement  to 
secure  the  highway  was  indefinitely  postponed. 

Mr.  Koontz  is  unfortunately  located,  but  it  appears  from  the  en- 


128  SCHOOL  LA.W  DECISIONS. 

Ezra  Koontz  v.  District  Township  of  Liscomb. 

tire  proceedings  that  there  is  a  disposition  to  remove  the  obstacles  in 
his  way.  This  is  shown  both  by  the  efforts  to  secure  a  highway  at 
the  cost  of  $1,000  and  in  the  former  action  of  the  board  in  breaking 
up  the  regular  form  of  subdistricts,  in  order  to  include  him  in  num- 
ber five. 

We  think  it  very  important  that  subdistrict  boundaries  should  be 
regular,  and  that  where  it  is  possible  school-houses  should  be  located 
at  geographical  centers. 

The  action  of  the  board  in  transferring  the  south  half  of  section 
twenty-one,  to  subdistrict  number  six,  and  the  southwest  quarter  of 
section  eighteen  to  number  five,  was  wise,  and  should  have  been  sus- 
tained. Mr.  Koontz  must  seek  to  secure  proper  accommodations  in 
number  six,  and  if  this  proves  to  be  impossible,  he  must  charge  it  to 
the  account  of  an  unfavorable  location. 

It  cannot  reasonably  be  demanded  that  his  property  should  be  in- 
cluded in  number  five,  and  the  school  house  in  that  district  be  moved 
away  from  the  center  and  taken  to  the  south  line  of  the  district,  and 
away  from  families  living  in  the  north  of  number  fiVe,  in  order  to  ac- 
commodate others  not  living  in  the  subdistrict,  especially  when  it  is 
considered  that  those  living  in  the  north  will  be  compelled  to  send 
out  of  their  own  subdistrict,  in  such  case. 

We  are  compelled  to  hold  that  the  action  of  the  board  should  have 
been  sustained,  and  the  decision  of  the  county  superintendent  is 
therefore 

REVERSED. 
J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

July  21,  1884. 


SCHOOL  LAW  DECISIONS.  129 

J.  L.  Marshall  et  al.  v.  District  Township  of  Marshall. 

J.  L.  MARSHALL  et  al.  v.  DISTRICT  TOWNSHIP  OP  MARSHALL.  - 
Appeal  from  Louisa  County. 

SUBDISTRICT.  The  board  may  not  redistrict  so  as  to  abolish  a  subdistrict, 
with  intent  to  prevent  the  building  of  a  house  provided  for  by  the  elec- 
tors. 

TAXES:  School-House.  Must  be  certified,  collected  and  expended,  in 
accordance  with  vote  of  the  electors. 

On  the  22d  day  of  February,  1886,  the  board  of  the  above  named 
district  township  abandoned  subdistrict  number  four,  of  said  district 
township,  and  transferred  its  territory  in  parcels  to  adjoining  sub- 
districts. 

J.  L.  Marshall  et  al.  appealed  to  the  county  superintendent,  who  re- 
versed the  order  of  the  board. 

N.  W.  Mackay,  president  of  the  board  of  directors,  appeals  to  the 
superintendent  of  public  instruction. 

It  is  unnecessary  to  consider  the  real  merits  of  this  case.  The 
board  must  be  reversed  upon  the  ground  that  at  the  meeting  of  the 
electors  of  subdistriot  number  four,  held  in  March,  1885,  a  tax  of 
$300  was  voted  to  build  a  school-house  in  said  subdistrict  number 
four. 

It  appears  in  evidence  that  this  tax  was  voted,  properly  certified 
by  the  district  board  and  levied  by  the  board  of  supervisors,  and  that 
a  portion,  at  least,  has  been  collected. 

It  is  not  competent  for  the  board  to  defeat  a  vote  of  this  kind  by 
districting  the  subdistrict  out  of  existence.  The  money  must  be  ex- 
pended in  accordance  with  the  vote,  and  the  house  must  be  built. 
Whether  or  not  any  of  the  tax  has  been  collected  is  not  material.  It 
must  be  collected  and  expended  by  the  board  as  directed  by  the  peo- 
ple. 

The  case  of  Benjamin  v.  District  Township  of  Malaka  et  al.t  50 
Iowa,  page  648,  is  applicable  here.  The  only  point  of  difference 
being  that  in  the  case  cited,  the  tax  had  been  collected  before  action 
was  had  by  the  board. 

In  this  case  a  part  only  of  the  tax  has  been  collected,  but  as  stated 
17 


130  SCHOOL  LAW  DECISIONS. 

J.  B.  B.  Baker  v.  Independent  District  of  Waukon. 

above  this  is  not  material.  The  equities  of  this  case  may  be  with  the 
board,  but  the  action  of  the  electors,  in  voting  to  build  a  house  in 
subdistrict  number  four,  and  in  providing  the  means,  will  bar  the 
board,  and  any  act  calculated  to  avoid  their  mandatory  duty,  is  a  vi- 
olation of  law. 

AFFIRMED. 
J.  W.  AKERS, 

Superintendent  of  Public  Instruction. 
September  16,  1886. 


J.  B.  B.  BAKER  v.  INDEPENDENT  DISTRICT  OF  WAUKON. 
Appeal  from  Allamakee  County. 

RULES   AND  REGULATIONS.    In   establishing  and  enforcing   regulations 
for  the  government  of  scholars,  the  board  have  a  large  discretion. 

On  the  7th  day  of  June,  1886,  Maud  Baker,  the  daughter  of  the 
plaintiff  in  the  above  entitled  case,  was  suspended  from  the  public 
school  in  the  above  named  independent  district,  for  repeated  viola- 
tion of  a  rule  of  the  board,  known  as  rule  five,  which  reads  as  follows: 
"Any  scholar  who  shall  be  absent  five  half  days  in  four  consecutive 
weeks,  without  any  excuse  from  parent  or  guardian  satisfactory  to 
the  teacher  that  the  absence  was  caused  by  said  pupil's  sickness,  or 
by  sickness  in  the  family,  or,  in  the  primary  grades,  by  severity  of 
the  weather,  shall  forthwith  be  suspended.  No  pupil  so  suspended 
shall  be  reinstated  without  a  permit  from  the  principal." 

Rule  twelve  provides  that  the  principal  of  the  school  may  suspend 
pupils  temporarily,  and  that  he  shall  immediately  notify  the  parent 
or  guardian  of  a  suspended  child  of  such  suspension,  the  notice  to  be 
in  writing,  and,  furthermore,  that  he  shall  immediately  inform  the 
board  of  his  action. 

Maud  Baker  was  absent,  without  excuse,  and  when  called  to  account 
for  her  absence,  stated  that  she  had  gone  on  a  fishing  excursion,  and 
expected  to  go  the  week  following. 

Having  failed  to  render  a  satisfactory  excuse,  she  was  suspended, 
as  above  stated.  Notice  in  writing  was  sent  to  the  parent,  as  re- 


SCHOOL  LAW  DECISIONS. 


J.  B.  B.  Baker  v.  Independent  District  of  Waukon. 


quired  by  rule  five,  and  the  board  informed  of  the  suspension.     The 
board  approved  the  action  of  the  principal. 

J.  B.  B.  Baker  appealed  to  the  county  superintendent,  who  reversed 
the  action  of  the  board. 

D.  W.  Reed  appeals  to  the  superintendent  of  public  instruction. 

The  facts  in  the  case  are  not  controverted. 

It  appears  in  evidence  that  the  suspension  of  Maud  Baker  was  re- 
ported to  the  board,  and  that  a  special  meeting  of  the  board  was  held 
for  the  consideration  of  the  act  of  the  principal.  Maud  Baker  was 
present  at  this  meeting  of  the  board,  and  the  president  testifies  that 
he  read  to  her  the  rule  under  which  she  had  been  suspended,  and 
asked  her  to  give  the  board  some  promise  of  amendment  in  the  future, 
as  a  condition  of  reinstatement,  and  she  replied  that  she  would  not 
make  any  promise  for  the  future,  and  expected  to  go  fishing  the  fol- 
lowing week. 

The  county  superintendent  finds  that  the  suspension  was  made  in 
compliance  with  the  rules  of  the  board  for  the  government  and  regu- 
lation of  their  schools,  and  that  the  act  of  the  principal  in  suspending, 
and  of  the  board  in  approving  his  action,  was  without  prejudice  or 
malice. 

The  board  was  reversed  on  the  ground  that  the  law  does  not  confer 
upon  the  principal,  or  the  board,  power  to  suspend  for  the  cause  for 
which  Maud  Baker  was  suspended. 

The  case  turns,  therefore,  upon  the  power  of  the  board  to  establish 
and  enforce  a  rule  providing  for  the  suspension  of  pupils,  who  are 
absent  a  given  number  of  days,  or  half-days,  without  a  satisfactory 
excuse. 

This  point  has  been  fully  discussed  and  settled  by  our  supreme 
court  in  the  case  of  Burdick  v.  Babcock,  31  Iowa,  page  562,  and  need 
not  be  considered  here.  Murphy  v.  Independent  District  of  Marengo 
has  been  cited,  but  does  not  apply,  as  in  that  case  it  is  stated  that  the 
offense  for  which  the  pupil  was  dismissed  was  not  in  violation  of  any 
rule  or  regulation. 

We  are  compelled  to  overrule  the  decision  of  the  county  superin- 
tendent, and  to  sustain  the  action  of  the  board. 

REVERSED. 
J.  W.  AKERS, 

Superintendent  of  Public  Instruction. 
•    October  23,  1886. 


132  SCHOOL  LAW  DECISIONS. 


E.  G.  Lewis  v.  District  Township  of  Woolstock. 


E.  G.  LEWIS  v.  DISTKICT  TOWNSHIP  «F  WOOLSTOCK. 
Appeal  from  Wright  County. 

SCHOOL- HOUSE  SITE  :  Location  of.  A  village  in  a  subdistrict  has  special 
claims  favoring  the  selection  of  a  site  within  its  limits.  The  element  of 
distance  to  be  traveled  by  some  is  largely  overcome  by  the  advantages 
of  a  location  in  the  town. 

The  board  of  the  above  named  district  township  were  petitioned  to 
remove  the  school-house  in  subdistrict  number  three  to  a  site  at,  or 
near,  the  village  of  Woolstock,  which  is  situated  on  the  western  half 
of  the  said  subdistrict. 

The  petition  was  denied.  E.  G.  Lewis,  et  aL,  appealed  to  the 
county  superintendent. 

The  decision  of  the  board  was  reversed.  B.  Watkins  appeals  to 
the  superintendent  of  public  instruction. 

The  school- house  in  subdistrict  number  three  is  now  centrally 
located,  and  nearly  one  mile  from  the  village  by  traveled  highway. 

There  are  about  fifty-three  children  of  school  age  in  the  district, 
and  it  appears  from  the  evidence  that  forty-five  of  these  live  within 
one-half  mile  of  the  proposed  new  site.  The  removal  of  the  house 
may  increase  the  distance  now  traveled  by  the  children  of  a  few  fam- 
ilies, but  it  appears  that  in  such  cases  accommodations  may  be  had 
within  about  one  and  one-half  mile  at  other  schools. 

If  the  nature  of  the  case  is  such  as  to  require  some  changes  in 
boundary  lines,  we  think  such  changes  should  be  made,  and  the 
school-house  located  in  the  village,  and  for  the  following  reasons: 

The  children  from  the  rural  portions  of  the  district  can  travel  to 
and  from  the  village  much  more  conveniently  than  those  from  the 
village  can  attend  in  the  country.  The  course  of  trade  brings  the 
parent  to  the  market  in  the  morning,  and  the  movement  of  convey- 
ances will  therefore  afford  many  conveniences  toward  reaching  the 
school  from  the  country,  and  of  returning  in  the  evening. 

But,  on  the  other  hand,  there  is  no  regularity  of  travel  to  the 
country  in  the  forenoon,  so  that  when  walking  is  bad,  or  impossible, 
conveyances  would  be  required  for  the  sole  purpose  of  taking  chil- 


SCHOOL  LAW  DECISIONS.  133 

J.  A.  Cousins  v.  Independent  District  Township  of  Spirit  Lake. 

dren  to  the  school.  Besides,  the  great  majority  of  those  who  live  in 
the  village  have  no  means  of  carrying  their  children  a  distance  to 
school,  while  the  farmer  is  selcjpm,  if  ever,  without  them. 

There  is  a  reason  why  the  school  should  be  convenient  for  children 
in  the  village,  which  does  not  exist  as  to  children  of  the  country. 
The  village  has  many  evil  resorts,  where  children  are  led  into  vice, 
which  are  not  incident  to  the  country.  All  children  should  be  kept 
regularly  in  school,  but  the  reasons  for  this,  as  applied  to  village  and 
town  children,  are  much  stronger  than  as  applied  to  those  of  the 
country. 

The  village  must  be  supplied  with  a  school,  and  in  the  case  before 
us,  if  the  house  is  not  located  at  the  village,  the  result  in  the  near 
future  will  be  two  schools  for  this  subdistrict. 

We  are  compelled  to  hold  that  the  board  erred  in  refusing  to  grant 
the  petition. 

The  decision  of  the  county  superintendent  is 

AFFIRMED. 
J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

September  14,  1887. 


J.  A.  COUSINS  v.  INDEPENDENT  DISTRICT  TOWNSHIP  OF  SPIRIT  LAKE. 
Appeal  from  Dickinson   County. 

SCHOOL-HOUSE:  Removal  of.  The  removal  of  an  old  house  away  from  the 
geographical  center  and  away  from  the  center  of  population,  without 
special  and  strong  reasons  therefor,  is  an  abuse  of  the  discretionary 
power  of  the  board . 

On  the  6th  day  of  April,  1887,  the  board  of  the  above  named  dis- 
trict passed  an  order  to  move  the  school-house,  known  as  the  Swailes 
school-house,  to  a  point  one-half  mile  west  of  its  present  location. 

From  this  order  J.  A.  Cousins  appealed  to  the  county  superintend- 
ent. The  action  of  the  board  was  sustained. 

J.  A.  Cousins  appeals. 


134  SCHOOL  LAW  DECISIONS. 

J.  A.  Cousins  v.  Independent  District  Township  of  Spirit  Lake. 

The  district  borders  on  Spirit  and  adjacent  smaller  lakes,  and  is 
very  irregular  in  its  boundaries. 

There  are  about  fifty  children  of  school  age  living  in  the  district, 
most  of  whom  are  favorably  or  adversely  affected  by  the  change. 
But,  considering  both  locations,  there  is  no  material  change  in  the 
distance  traveled  by  all. 

The  present  site  is  at  the  junction  of  an  east  and  west  road, 
known  as  the  Diamond  Lake  road,  with  a  north  and  south  road  known 
as  the  Emmet  County  road.  The  school-house  is  old  and  has  recently 
been  repaired  at  a  cost  of  $60. 

As  now  located  there  are  seven  children  two  miles  from  the  school- 
house.  Twelve  children  will  be  two  miles  from  the  new  site.  We 
are  unable  to  find  in  this  case  any  good  and  substantial  reason  for 
this  change  of  location. 

The  present  site  is  central  and  nearer  the  center  of  population,  so 
far  as  we  can  determine  from  the  map  submitted  as  a  part  of  the 
transcript.  It  is  at  a  cross-roads  which  is  very  desirable.  The  lease 
to  the  present  site  expires  in  about  five  years.  By  that  time  the  old 
house  will  in  all  probability  be  worthless  and  a  new  one  will  be  needed 
to  take  its  place. 

The  electors  at  their  last  March  meeting  voted  to  build  a  new  house 
on  section  nineteen,  the  site  of  which  is  one-half  mile  west  and  one 
and  three-fourth  miles  north  of  the  present  site. 

We  cannot  avoid  the  conviction  that  in  moving  an  old  house  one- 
half  mile  at  an  expense  of  ninety  dollars,  away  from  the  geographi- 
cal center,  and  away  from  the  center  of  population,  without  special 
and  strong  reasons  therefor,  is  an  abuse  of  discretionary  power. 

The  decision  of  the  county  superintendent  is 

REVERSED. 
J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

September  19,  1887. 


SCHOOL  LAW  DECISIONS. 


D.  A.  Boyer  et  al.  v.  Independent  District  Number  Two,  Dutch  Township. 


D.  A.  BOYER  et  al.  v.  INDEPENDENT  DISTBICT  NUMBER  Two, 
DUTCH  TOWNSHIP. 

Appeal  from   Washington   County. 

1.  BOARD:     Discretionary  power  of.    In  the  absence  of  proof  that  the 
board  have  abused  the  authority  given  them  by  the  law,  their  orders 
will  not  be  set  aside,  although  another  decision  might  to  many  seem 
preferable. 

2.  SCHOOL-HOUSE  SITE:     Location  of.     When  purchased,  the  provisions 
of  section  1825  do  not  apply.    The  district  stands  in  the  same  relation 
to  the  public  and  to  individuals,  in  this  respect,  as  do  other  corporations, 
and  may  purchase  and  convey  real  estate  accordingly. 

On  the  23d  day  of  July,  1887,  the  board  of  the  above  named  dis- 
trict made  an  order  that  the  school-house  site  of  said  independent 
district  should  be  changed  from  its  present  site,  which  is  near  the 
southwest  corner  of  the  northwest  quarter  of  the  northwest  quarter 
of  section  ten,  to  the  southeast  corner  of  section  four,  and  about 
ninety  rods  due  north.  It  was  also  ordered  that  a  new  school-house 
should  be  built  on  the  new  site. 

From  this  order  of  the  board,  David  A.  Boyer  and  others  appealed 
to  the  county  superintendent. 

The  order  of  the  board  was  reversed,  on  condition  that  appellants 
should  secure  the  opening  of  a  public  road  from  the  present  site  of 
the  school-house  to  the  public  road  running  east  and  west  through 
the  southern  portion  of  the  district,  and  along  the  south  line  of  sec- 
tions nine  and  ten. 

William  Stevenson  and  S.  D.  Carris  appeal. 

The  independent  district  in  question  is  composed  of  sections  thirty- 
three,  thirty-four,  three,  four,  and  the  north  half  of  sections  fifteen 
and  sixteen.  Public  roads  enter  east  and  west  along  the  north  line 
of  sections  three  and  four,  and  along  the  south  line  of  the  same  sec- 
tions. On  this  latter  highway  the  new  site  is  located.  From  the  new 
site  a  road  extends  due  south  to  the  old  site.  This  is  the  road,  the 
extension  of  which  is  made  a  condition  in  the  decision  of  the  county 
superintendent. 


SCHOOL  LAW  DECISIONS. 


D.  A.  Boyer  et  al.  v.  Independent  District  Number  Two,  Dutch  Township. 

The  population  of  the  district  is  mostly  along  the  last  named  east 
and  west  highway,  and  in  sections  nine  and  ten  lying  immediately 
south  of  said  highway.  At  the  annual  meeting,  or  election  of  the  in- 
dependent district  in  question,  held  March,  1887,  a  motion  was  made 
to  vote  a  tax  of  $600  for  the  purpose  of  building  a  school  house,  on 
the  old  site.  This  motion  was  lost. 

A  motion  was  then  made  and  carried  that  a  tax  be  levied  to  build  a 
school-house,  no  site  being  specified.  This  was  followed  by  a  motion 
to  build  the  house  on  the  present  site,  which  motion  was  lost. 

At  a  special  meeting'  held  June  18,  1887,  a  motion  was  made  and 
carried  to  procure  a  new  site,  and  at  another  special  meeting  held 
July  23,  1887,  the  site  of  the  new  house  was  finally  located  on  the 
southeast  corner  of  section  four. 

It  appears  that  the  electors  were  very  much  divided  in  opinion  as 
to  the  location  of  the  new  house,  and  the  majority  attending  the  March 
election  were  opposed  to  locating  it  upon  the  old  site. 

If  the  house  was  to  be  moved  to  the  north,  the  site  selected  by  the 
board  is  as  near,  or  practically  so,  as  the  board  could  have  selected. 
There  is  a  slough  jast  north  of  the  present  site,  and  if  moved  at  all 
the  house  must  be  placed  to  the  north  of  this,  which  would  compel 
the  selection  of  a  site  within  a  few  rods  of  the  new  site. 

The  present  site  is  practically  central  both  as  to  geographical  cen- 
ter and  center  of  population,  and  it  would  seem  that  the  presumption 
was  in  favor  of  the  present  site,  while  the  one  selected  by  the  board 
is  not  objectionable  on  account  of  its  location,  unless  the  fact  that 
it  it  is  not  exactly  central  constitutes  an  objection. 

Boards  are  given  large  discretion  in  such  matters,  and  it  has  been  a 
rule  of  long  standing  in  this  department  not  to  over  rule  the  order  of 
hoards,  except  in  cases  where  an  abuse  of  discretion  is  clearly  estab- 
lished. While  the  old  site  may  be  equally  good  and  even  better,  we 
cannot  set  their  order  aside,  in  the  absence  of  evidence  going  to  show 
that  they  have  abused  the  authority  which  the  law  gives  them. 

The  county  superintendent  held  that  the  board  had  violated  the 
provision  of  Section  1826,  School  Laws  1884,  in  locating  the  new  site 
nearer  than  forty  rods  to  a  dwelling,  the  owner  whereof  objects.  The 
board  in  this  case,  located  the  site  within  eighteen  rods  of  a  residence 
and  it  is  conceded  that  said  owner  refuses  her  consent  to  such  loca- 
tion. 


SCHOOL  LAW  DECISIONS.  137 

D.  A.  Boyer  et  al.  v.  Independent  District  Number  Two,  Dutch  Township. 

Section  1826  provides  that  a  site  taken,  as  provided  in  section 
1825  must  be  at  least  forty  rods  from  any  residence,  the  owner 
whereof  objects  to  its  being  placed  nearer. 

Section  1825  provides:  "It  shall  be  lawful  for  any  district  town- 
ship, or  independent  district  to  take  and  hold,  under  the  provisions  of 
this  chapter,  so  much  real  estate  as  may  be  necessary  for  the  location 
and  construction  of  a  school-house  and  convenient  use  of  the  school; 
provided,  that  the  real  estate  so  taken,  otherwise  than  by  the  consent 
of  the  owner  or  owners,  shall  not  exceed  one  acre." 

In  the  case  of  H.  D.  Fisher  v.  District  Township  of  Tipton,  School 
Law  Decisions  1884,  p.  163,  it  was  held  that  the  provisions  of  the  act 
authorizing  boards  of  directors  to  "take  and  hold"  land  for  a  school- 
house  site,  do  not  apply  when  the  land  has  been  obtained  by  pur- 
chase. 

Counsel  for  the  appellee  argues  that  the  language  of  the  statute, 
viz.:  the  words  "take  and  hold,"  includes  acquiring  title  by  purchase 
as  well  as  by  condemnation,  and  that  section  1825  is  the  only  provis- 
ion of  law  we  have  authorizing  school  districts  to  purchase  and  own 
school -house  sites;  and  that  the  restriction  that  a  school-house  shall 
not  be  placed  nearer  than  forty  rods  to  a  dwelling,  the  owner  object- 
ing, applies  no  matter  how  the  site  is  obtained. 

We  cannot  concur  in  this  opinion.  A  school  district  is  a  corporate 
body — 4  G.  Greene,  428 — the  nature  and  powers  of  which  are  well 
and  clearly  defined  in  the  statute  which  created  it. 

If  land,  sufficient  for  a  sshool-house  site,  is  necessary  to  enable  a 
district  to  establish  and  maintain  schools  it  needs  no  argument  to  es- 
tablish their  authority  to  purchase  such  land.  44  Iowa,  564;  69  Iowa, 
533.  That  it  was  the  intention  of  the  law  makers  to  confer  this  power 
upon  school  districts  is  evident  from  the  fact  that  in  section  1717  the 
electors  were  given  the  power  to  vote  a  tax  for  the  purchase  of 
grounds,  etc.  And  this  law  was  enacted  many  years  before  the  law 
empowering  boards  of  directors  to  "take  and  hold"  school-house 
sites. 

Counsel  for  appellee  will  hardly  insist  that  previous  to  the  enact- 
ment of  the  condemnation  law,  all  school-house  sites  were  acquired 
and  owned  without  authority  of  law. 

There  appears  to  be  two  ways  by  which  school  districts  may  ac- 
quire title  to  land  for  school-house  sites: 
18 


138  SCHOOL  LAW  DECISIONS. 

D.  A.  Boyer  et  al.  v.  Independent  District  Number  Two,  Dutch  Township. 

The  statute  gives  to  every  school  district,  as  a  general  and  cor- 
porate power,  the  right  to  buy  land  for  school  purposes,  and  when 
land  has  been  so  purchased,  the  title  or  the  fee  is  in  the  corporate 
name  of  the  district,  and  even  though  it  ceases  to  be  used  for  school 
purposes,  it  remains  the  property  of  the  school  district  until  sold  by 
the  board  of  directors,  in  obedience  to  the  instructions  of  the  electors. 
They  may  sell  to  any  one,  and  for  any  purpose  whatever. 

By  condemnation  by  the  board  of  directors,  under  section  1825  of 
the  Code. 

The  title  to  land  acquired  under  this  law  is  for  school  purposes 
only.  It  eannot  be  sold  at  all.  When  the  district  ceases  to  use  it  for 
school  purposes,  it  reverts  by  operation  of  law  to  the  owner  of  the 
fee,  etc.  Section  1828,  Code. 

It  appears  that  the  fee  to  land  obtained  by  condemnation  is  not  in 
the  school  district,  but  simply  the  right  to  hold  it  for  school  pur- 
poses, while  the  fee  remains  in  the  original  owner,  and  may  be  con- 
veyed subject  to  the  title  of  the  district. 

Sites  obtained  by  purchase  never  revert,  and  the  district  so  pur- 
chasing owns  the  fee  and  may  transfer  it,  as  has  been  said,  to  any 
person  and  for  any  purpose. 

It  is  clear  to  us  that  the  four  restrictions  or  limitations,  viz.: 

That  the  real  estate  "so  taken"  shall  not  exceed  one  acre, 

That  the  site  must  be  on  a  public  highway, 

That  the  site  must  be  forty  rods  from  the  residence,  etc., 

That  the  site  must  not  be  in  any  orchard,  garden  or  public  park, 

Apply  only  to  sites  obtained  by  condemnation,  under  sections  1825- 
1828;  inclusive,  and  that  they  do  not  apply  to  sites  obtained  by  pur- 
chase. 

The  reasons  for  this  position  are  fully  set  forth  in  Fisher  v.  Dis- 
trict Township  of  Tipton,  to  which  reference  is  had. 

We  are  unable  to  discover  any  violation  of  law,  or  abuse  of  discre- 
tion, which  would  warrant  us  in  setting  aside  the  order  of  the  board. 

REVERSED. 
J.  W.  AKERS, 
Superintendent  of  Public  Instruction. 

November  18,  1887. 


SCHOOL  LAW  DECISIONS.  139 

Jacob  Deck  et  al.  v.  District  Township  of  Eden. 

JACOB  DECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  EDEN. 
Appeal  From  Decatur  County. 

1.  SUBDISTBICT  BOUNDARIES.  Change  of.  A  case  involving  a  change 
of  subdistrict  boundaries,  having  been  adjudicated  by  the  county  su- 
perintendent, reversing  the  action  of  the  board,  and  being  affirmed  by 
the  superintendent  of  public  instruction,  cannot  again  be  brought  upon 
appeal,  unless  it  can  be  shown  that  some  change  materially  affecting 
the  conditions  of  the  case  has  taken  place  since  the  date  of  the  former 
decision. 


2. A  subdistrict  long  established,  embracing  a 

territory  having  a  sufficient  number  of  scholars  to  maintain  a  good 
school,  should  not  be  abolished,  unless  the  general  school  facilities  of 
the  township  will  be  improved  thereby. 

On  the  19th  day  of  September,  1887,  the  board  of  directors  of  the 
district  township  of  Eden,  voted  to  abolish  subdistrict  number  eight. 
Jacob  Deck  and  others  appealed  to  the  county  superintendent,  who, 
on  the  5th  day  of  December,  rendered  a  decision  reversing  the  action 
of  the  township  board. 

The  directors  of  said  district  township  appeal  to  the  superintend- 
ent of  public  instruction. 

The  counsel  for  the  directors  urged  in  their  written  argument  that 
the  county  superintendent  should  be  required  to  send  up  to  this  de" 
partment  all  the  evidence  taken  in  the  trial  before  her. 

It  was  certainly  the  duty  of  the  county  superintendent  to  send  up 
all  the  evidence  upon  which  she  based  her  decision.  In  the  absence 
of  any  proof  to  the  contrary,  the  presumption  is  that  the  transcript 
furnished  by  her  contains  all  the  testimony  on  file  in  her  office. 
There  is  no  proof  offered  that  she  has  not  complied  with  the  law  in 
all  respects. 

On  the  26th  day  of  December,  1885,  the  county  superintendent  ren- 
dered a  decision  reversing  the  action  of  the  board,  in  abolishing  sub- 
district  number  eight.  As  no  material  changes  have  taken  place 
since  then,  in  the  condition  of  the  township,  does  that  former  decis- 
ion act  as  a  bar  to  any  further  proceedings  in  this  case  ?  We  think 
not. 

The  principle  enunciated  here  is  undoubtedly  correct. 


140  SCHOOL  LAW  DECISIONS. 

Jacob  Deck  et  al.  v.  District  Township  of  Eden. 

A  case  involving  a  change  of  subdistrict  boundaries,  having  been 
adjudicated  by  the  county  superintendent,  reversing  the  action  of  the 
board,  and  being  affirmed  by  the  superintendent  of  public  instruc- 
tion, cannot  again  be  brought  upon  appeal,  unless  it  can  be  shown 
that  some  change  materially  affecting  the  conditions  of  the  case  has 
taken  place  since  the  date  of  the  former  decision. 

In  this  case,  however,  the  decision  of  the  county  superintendent 
cannot  act  as  a  bar  to  further  proceedings,  because  the  district  board 
did  not  take  an  appeal  to  the  superintendent  of  public  instruction. 

Such  proceedings  cannot  be  considered  as  final  until  they  have 
been  affirmed  by  the  superintendent  of  public  instruction. 

It  is  urged  that  the  county  superintendent  erred  in  taking  into 
consideration  the  distance  whith  many  of  the  pupils  must  travel  in 
order  to  reach  their  school,  if  the  action  of  the  township  board  abol- 
ishing subdistrict  number  eight,  is  affirmed. 

The  law  does  not  contemplate  that  one  and  one-half  miles  is  in  all 
cases  an  unreasonable  distance.  It  depends  largely  upon  the  age  of 
the  pupil  and  upon  the  condition  of  the  roads.  In  the  case  before  us 
a  natural  obstacle,  the  Little  Turkey  river,  must  be  taken  into  con- 
sideration. 

The  opening  of  additional  roads  and  the  construction  of  a  bridge 
would  simplify  matters  somewhat,  but  no  steps  have  been  taken  to 
accomplish  this.  Until  this  is  done,  to  abolish  the  school  in  number 
eight  would  impose  an  undue  hardship  upon  a  large  number  of  pu- 
pils. 

What  are  the  conditions  of  the  school  as  at  present  constituted  ? 

The  report  of  the  secretary  of  the  district  township  of  Eden,  put 
in  evidence,  shows  that  the  school  in  number  eight  will  average  with 
other  subdistricts  in  the  number  of  pupils  enrolled;  it  is  above  the 
average  in  daily  attendance,  and  below  the  average  in  cost  of  tuition. 

The  board  fail  to  show  that  reduced  numbers  render  it  expedient 
to  abolish  this  subdistrict;  nor  do  they  show  that  the  township  is  ex- 
cessively taxed  to  support  their  schools. 

This  department  has  already  ruled  that  subdistrict  lines,  which 
have  been  long  established,  embracing  a  territory  having  a  sufficient 
number  of  pupils  to  maintain  a  good  school,  should  not  be  disturbed? 
unless  it  can  be  proved  that  the  general  school  facilities  of  the  town, 
ship  will  be  improved  by  the  change. 


SCHOOL  LAW  DECISIONS. 


J.  S.  Folsom  et  al.  v.  District  Township  of  Center. 


The  board  do  not  show  that  there  is  any  general  benefit  to  be  ex- 
pected from  the  proposed  change  of  boundaries,  nor  do  they  prove 
that  any  existing  necessity  makes  it  desirable.  . 

The  board  undoubtedly  intended  to  act  fairly  toward  all;  but  we 
think  they  failed  to  properly  consider  all  the  circumstances  involved 
in  their  action. 
The  decision  of  the  county  superintendent  is  therefore 

AFFIRMED. 
HENRY  SABIN, 
Superintendent  of  Public  Instruction. 
March  16,  1888. 


J.  8.  FOLSOM  et  al.  v.  DISTRICT  TOWNSHIP  OF  CENTER. 
Appeal  from  Cedar  County. 

1.  REHEARING.    To  warrant  a  rehearing,  some  valid  reason  must  be  urged. 

2.  SCHOOL-HOUSE  SITE:    Rekcatfon  of.    When  it  is  the  evident  intention  of 

the  board  to  relocate  the  site  as  near  as  possible  in  the  center  ot  the 
subdistrict,  in  order  to  furnish  equal  school  facilities  to  all  the  residents, 
their  action  should  not  be  materially  interfered  with. 

The  transcript  in  this  case  shows  that  on  the  21st  day  of  March, 
1887,  at  a  meeting  of  the  board,  a  committee  was  appointed  to  inves- 
tigate the  needs  of  subdistrict  number  two,  and  report  at  the  meeting 
in  September.  It  further  shows  that  on  the  19th  day  of  September, 
1887,  such  committee  reported,  recommending  that -the  new  house  be 
built  for  said  subdistrict,  to  be  located  at  the  center  of  the  district. 
The  report  was  received  and  the  committee  discharged.  The  report 
was  also  upon  motion  laid  upon  the  table. 

On  the  19th  of  March,  1888,  at  a  meeting  of  the  directors  the  above 
report  was  finally  adopted,  and  a  building  committee  was  appointed 
to  confer  with  the  county  superintendent  in  regard  to  plans  and  spec- 
ifications. From  this  decision  of  the  board  Folsom  et  al.  appealed  to 
the  county  superintendent,  and  the  case  was  heard  at  Tipton,  on  the 
9th  day  of  April,  1888.  The  records  in  the  county  superintendent's 
office  show  that  the  appellee  consented  to  the  filing  of  an  amendment 


142  SCHOOL  LAW  DECISIONS. 

J.  S.  Folsom  et  al.  v.  District  Township  of  Center. 

to  the  affidavit  by  appellant,  and  that  the  appellee  filed  a  motion  to 
modify  the  decision  of  the  board,  and  the  trial  then  proceeded.  On 
the  llth  day  of  April  the  county  superintendent  filed  a  decision  re- 
versing the  action  of  the  board.  On  the  17th  day  of  April,  1888,  a 
motion  was  filed  for  a  rehearing,  within  the  time  given  by  the  county 
superintendent.  On  the  19th  day  of  April,  1888,  the  motion  for  a 
rehearing  was  argued  before  the  county  superintendent  and  overruled. 

From  the  decision  of  the  county  superintendent  the  board  appealed 
to  the  superintendent  of  public  instruction,  and  the  whole  case  came 
up  on  a  hearing  before  him  on  the  5th  day  of  June,  1888. 

The  first  question  to  be  decided  is,  did  the  county  superintendent 
err  in  overruling  the  motion  for  a  rehearing.  A  rehearing  of  such  a 
case  can  be  granted  only  when  it  can  be  shown  that  some  injustice 
has  been  done,  or  some  mistake  has  been  made  which  can  be  cor- 
rected by  a  new  trial;  or  when  some  additional  evidence  has  been  dis- 
covered which  is  in  favor  of  the  party  applying,  but  which  could  not 
have  been  presented  before  by  reasonable  diligence.  The  affidavit 
upon  which  the  motion  for  a  rehearing  was  based  failed  to  show  any 
such  reasons. 

All  the  main  points  alleged  therein  had  already  been  ruled  upon 
by  the  county  superintendent,  and  we  think  she  did  not  commit  any 
error  in  overruling  the  motion.  This  also  disposes  of  all  the  testi- 
mony sent  up  in  support  of  the  motion  for  a  rehearing;  these  affida- 
vits will  not  be  taken  into  account  in  the  final  decision  of  the  case. 

It  is  not  necessary  here  to  determine  the  legal  residence  of  William 
Busier.  His  own  testimony  is  that  the  distance  from  his  residence 
to  the  site  selected  by  the  board  is  one  and  one-fourth  miles.  The 
fact  that  Mrs.  Morgan  does  not  desire  to  send  to  school  is  not  mate- 
rial. It  is  not  the  individual  but  the  residence  that  is  to  be  consid- 
ered. Some  other  person  living  at  the  same  place  may  hereafter 
desire  school  privileges. 

We  are  now  free  to  approach  the  main  question  upon  which  issue 
is  joined.  The  testimony  shows  that  the  directors  desired  to  relocate 
the  school-house  in  subdistrict  number  two  in  a  more  central  loca- 
tion; no  other  reason  is  assigned  for  the  contemplated  removal. 
There  is  nothing  which  shows  that  the  present  site  is  unsuitable,  ex- 
cept that  it  does  not  well  accommodate  the  pupils  from  the  northern 


SCHOOL  LA.W  DECISIONS.  143 

J.  8.  Folsom  et  al.  v.  District  Township  of  Center. 

part  of  the  district.  In  this  determination  to  relocate  the  site  near 
the  center,  there  is  no  evidence  of  any  abuse  of  discretion  on  the 
part  of  the  directors,  and  we  think  their  action  should  not  be  inter- 
fered with. 

There  is,  however,  evidence  which  shows  that  the  exact  acre  which 
the  committee  staked  out,  is  not  a  desirable  site  for  a  building. 

The  board  themselves  acknowledge  this  in  their  amended  order  by 
which  the  site  is  removed  ten  rods  farther  north. 

The  county  superintendent,  in  her  decision,  locates  the  site  upon  a 
piece  of  ground  known  as  the  "grave-yard  site."  It  is  urged  that  the 
county  superintendent  has  only  appellate  jurisdiction,  and  must, 
therefore,  confine  her  decision  to  the  two  sites  upon  which  the  parties 
joined  issue.  She  seems  to  have  entertained  some  such  idea,  as  she 
sustained  a  motion  to  rule  out  all  evidence  in  regard  to  the  unsuita- 
bleness  of  the  grave-yard  site  when  such  evidence  was  offered  on  the 
original  trial. 

We  think  she  erred,  and  that  such  evidence  should  have  been  ad- 
mitted. 

In  April,  1866,  the  Hon.  O.  Faville,  then  superintendent  of  public 
instruction,  obtained  this  opinion  from  Hon.  F.  E.  Bissell,  then  at- 
torney general,  upon  this  point:  "The  case  does  not  come  before 
him  (the  county  superintendent),  merely  to  correct  an  error  of  the 
board  of  directors,  but  to  hear  and  decide  the  same  matter  that  the 
board  had  decided.  The  county  superintendent  is  not  limited  to  an 
affirmance  or  reversal  of  the  action  of  the  board,  but  he  determines 
the  same  question  that  the  board  determined."  See  also,  John  Clark  v. 
District  Township  of  Wayney  page  47,  School  Law  Decisions,  1876. 

To  this  opinion  the  decisions  of  this  department  have  always  con- 
formed. The  county  superintendent,  therefore,  did  not  go  beyond 
her  jurisdiction  in  selecting  a  site  different  from  any  which  had  been 
considered  by  the  board. 

We  cannot  see,  however,  that  the  grave-yard  site  has  any  advan- 
tage over  the  old  site.  It  is  irregular  in  shape,  and  is  about  as  far 
north  of  the  center  of  the  subdistrict  as  the  present  site  is  south. 

In  fact,  its  selection  as  a  site  for  the  new  building  defeats  the  very 
end  which  the  directors  had  in  view  in  their  action  locating  the  site 
in  the  center  of  the  subclistrict. 


144  SCHOOL  LAW  DECISIONS. 

J.  S.  Folsom  et  al.  v.  District  Township  of  Center. 

The  case  is  remanded  to  the  board  of  directors  of  Center  township, 
with  instructions  not  to  build  upon  the  site  selected  by  the  commit- 
tee, but  to  select  the  best  site  possible  within  a  distance  not  more 
than  forty  rods  from  the  center  of  the  site  staked  out  by  the  com- 
mittee;  the  south  corner  of  said  site,  however,  to  be  at  least  fifteen 
rods  north  of  the  south  corner  of  the  committee's  site;  said  site  also 
to  contain  not  less  than  an  acre,  and  to  be  as  nearly  square  in  form  as 
the  circumstances  will  admit. 

The  decision  of  the  county  superintendent  is 

REVERSED. 
HENRY  SABIN, 

Superintendent  of  Public  Instruction. 
June  7,  1888. 


INDEX  TO  APPEAL  CASES. 


PAGB 

AFFIDAVIT- 

The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  party  interested 39 

An  aflSdavit  is  a  statement  in  writing,  signed  and  made  upon  oath 
before  an  authorized  magistrate 41 

The  lack  of  an  affidavit  is  sufficient  ground  to  refuse  a  hearing  ...  107 

APPEAL- 

An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a  change 
in  the  boundaries  of  the  district  township,  where  the  concur- 
rence of  the  board  of  an  ad  joining  district  township  is  necessary 
to  effect  the  change 24 

The  right  of  appeal  is  not  limited  to  cases  of  personal  grievance. .    35 

Where  changes  are  effected  in  district  boundaries  by  the  concur- 
rent action  of  two  boards,  appeal  may  be  taken  from  the  order 
of  the  board  concurring  or  refusing  to  concur,  but  not  from  the 
order  of  the  board  taking  action  first 58 

Appeal  may  be  taken  from  an  action  of  the  board  which  authorizes 
the  making  of  a  contract,  but  not  from  a  subsequent  action  or 
order  complying  with  the  terms  of  a  contract  previously  made; 
nor  from  an  action  authorizing  the  issuance  of  an  order  in  pay- 
ment of  a  debt  contracted  by  previous  action  of  the  board 65 

A  case  whose  sole  purpose  Is  to  determine  the  validity  of  an  order 
on  the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  en- 
tertained on  appeal  to  the  county  superintendent;  the  courts  of 
law  alone  can  furnish  an  adequate  remedy 65 

Appeal  will  not  be  entertained  from  the  action  of  the  board  in  re- 
scinding a  previous  illegal  action 67 

The  execution  by  the  board  of  the  vote  of  the  electors  upon  mat- 
ters within  their  control,  is  mandatory;  from  such  action  of  the 
board  no  appeal  can  be  taken.  If  such  action  is  tainted  with 
fraud,  an  application  to  a  court  of  law  is  the  proper  remedy 78 


19 


INDEX. 


PAGE 

A  PPE  AL—  CONTIN  UED— 

The  right  of  appeal  is  confined  to  persons  injuriously  affected  by 
the  decision  or  order  complained  of.  Ordinarily  a  person  living 
in  one  subdistrict  cannot  properly  appeal  from  an  action  of  the 
board  locating  a  site  in  another  ......  ..........................  80 

The  adoption  of  the  committee's  report  in  favor  of  retaining  the 
old  school-house  site,  is  an  action  from  which  appeal  may  be 
taken  ...................................  ,  .......................  82 

Appeal  may  be  taken  from  the  action  of  the  board  in  laying  the 
subject-matter  of  a  petition  on  the  table  .......................    85 

When  an  adequate  remedy.  From  the  exercise  of  ordinary  discretion 
in  the  performance  of  an  official  duty,  enjoined  by  law  upon  the 
board,  appeal  may  be  taken  to  the  county  superintendent  ;  but 
from  a  refusal  to  act,  or  from  an  action  thereon  clearly  designed 
to  defeat  the  purpose  of  the  law,  an  application  to  the  courts  of 
law  to  compel  the  performance  of  the  enjoined  duty  will  afford 
the  most  speedy,  and  in  some  cases  the  only  adequate  remedy.  .  .  88 

May  be  taken  by  any  resident  elector  of  the  district,  aggrieved  by 
action  of  the  board  ..............  ................................  Ill 

ARBITRATION- 

If  the  county  superintendent  is  asked  to  arbitrate  no  appeal  will 
lie  ....................  .  ........................................  107 

BOARD  OF  DIRECTORS— 

The  board  should  be  sustained  in  all  legitimate  and  reasonable 
measures,  to  maintain  order  and  discipline,  to  uphold  the  right- 
ful authority  of  the  teacher,  and  to  prevent  or  suppress  insubor- 
dination in  the  school  .........................................    69 

Have  authority.  The  board  have  authority  to  determine  when,  and 
upon  what  terms,  non-resident  pupils  may  attend  the  schools  of 
their  district  ....................................................  75 

The  board,  though  not  bound  by  a  vote  of  the  electors  directing 
the  precise  location  of  a  school-house  site,  are  required  to  so  lo- 
cate it  as  to  accommodate  the  people  for  whom  designed  ........  78 

If,  in  the  selection  of  a  site,  the  board  violate  law  or  abuse  their 
discretionary  power,  their  action  may  be  reversed  on  appeal  —  78 

The  action  of  the  board  cannot  be  reversed  upon  the  allegations 
of  appellant  without  proof,  or  by  reason  of  failure  of  the  board 
to  make  defense.  .  .  .............................................  82 

The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just, 
and  should  be  affirmed  on  appeal,  unless  proof  is  brought  to 
show  the  contrary  .............................................    82 

Discretionary  acts  of.  The  weight  which  properly  attaches  to  the 
discretionary  actions  of  a  tribunal  vested  with  original  jurisdic- 
tion, does  not  apply  to  the  decisions  of  an  inferior  appellate 
tribunal  .  .  82 


INDEX. 


PAGE 

BOARD  OF  DIRECTORS—  CONTINUED— 

The  acts  of  the  board  are  presumed  to  be  regular,  legal  and  just; 
and  should  be  affirmed  on  appeal,  unless  proof  is  brought  to 
show  the  contrary  ...............................................    90 

Discretionary  power  of.    In  the  absence  of  proof  that  the  board  have 
abused  the  authority  given  them  by  the  law,  their  orders  will 
not  be  set  aside,  although  another  decision  might  to  many  seem 
preferable  ......................................................  135 

BOUNDARIES— 

Must  conform  to  congressional  divisions  of  land.  .  ................  Ill 

CERTIFICATE,  TEACHER'S— 

Revocation  of.    The  order  of  a  county  superintendent  revoking  a  cer- 
tificate will  not  be  interfered  with  on  appeal,  unless  it  appears 
that  he  acted  from  passion  or  prej  udice  .........................    29 

A  teacher's  certificate  can  be  legally  revoked  only  upon  proof  of 
charges  of  which  he  has  had  personal  notice,  and  against  which 
he  has  had  the  opportunity  to  make  his  defense  ................    62 

A  person  addicted  to  the  use  of  intoxicating  liquors,  who  even  oc- 
casionally becomes  intoxicated,  is  not  likely  to  promote  correct 
moral  teaching  in  the  public  schools  by  his  example,  nor  to 
possess  such  moral  character  as  to  entitle  him  to  a  teacher's 
certificate  ......................................................    62 

A  certificate  which  has  expired  by  limitation  cannot  be  revoked.  .  102 
Revocation  of.    The  inability  to  govern  is  sufficient  reason  for  with- 
holding a  certificate  and  for  the  revocation  of  the  same  .........  102 

CHARGES- 

Must  be  clearly  sustained  by  the  evidence  ........................  120 

CLAIMS— 

Just  claims  against  the  district  can  be  enforced  only  in  the  courts 
of  law  ..........................................................    60 

CONDITIONAL  RULING— 

A   county  superintendent  may  make  a  conditional  ruling,  by 
which  his  own  decision  is  governed  ....  ..........  .  ..............    98 

CONTESTED  ELECTION- 

Jurisdiction.  The  proper  method  of  determining  a  contested  elec- 
tion for  school  director  is  by  an  action  brought  in  the  district 
court  ...........................................................  51 

CONTRACTS— 

Contracts  for  the  erection  of  school-houses,  made  by  a  subdirector 
or  committee,  require  the  approval  of  the  board  ..............  60 

The  district  township  is  bound  by  the  contract  of  the  subdirector 
when  made  according  to  instructions  of  the  board  ..........  ....  64 

If  a  subdirector  enter  into  a  contract  on  behalf  of  the  district, 
without  authority  of  the  board,  he  does  so  at  his  own  risk;  such 
contract  is  not  binding  upon  the  district  unless  approved  by  the 
board  ............................................................  64 

An  appeal  will  not  lie  to  enforce  a  contract  .......................  106 


148  INDEX. 

COUNTY  SUPERINTENDENT— 

Jurisdiction  of.  The  superintendent's  jurisdiction  on  appeal  is  not 
greater  than  that  of  the  board  from  whose  action  the  appeal  is 

taken 24 

Discretionary  acts.  The  county  superintendent  having  only  appel- 
late jurisdiction,  should  not  reverse  discretionary  acts  of  the 
board,  without  explicit  and  clearly  stated  proof  of  the  abuse  of 
such  discretion,  even  though  not  fully  approving  their  action. . .  35 

The  county  superintendent  may  upon  appeal  create  subdistrict. . .    39 

The  county  superintendent  has  no  jurisdiction  of  an  appeal  until 
an  affidavit  is  filed 41 

Should  not  reverse  an  action  of  the  board  which  is  in  accordance 
with  instructions  of  the  superintendent  of  public  instruction. . .  43 

At  the  hearing  of  an  appeal  before  the  county  superintendent  it  is 
competent  for  him,  upon  his  own  motion,  to  call  additional  wit- 
nesses to  give  testimony 46 

The  county  superintendent  has  no  jurisdiction  of  cases  involving 
money  demand 57 

The  county  superintendent  may,  for  sufficient  cause,  grant  a  re- 
hearing   73 

The  county  superintendent  may  reconsider  and  modify  a  decision 

on  proof  that  it  does  not  conform  to  law 84 

Jurisdiction  of.  The  county  superintendent  is  not  limited  to  a  re- 
versal or  affirmance  of  the  action  of  the  board,  but  he  determines 
the  same  questions  which  they  had  determined 98 

The  county  superintendent  should  not  ask  the  state  superintend- 
ent to  decide  a  case  on  appeal  for  him,  but  may  ask  for  an  inter- 
pretation of  law,  either  by  the  state  superintendent  or  through 
him,  by  the  attorney  general. 110 

The  county  superintendent  has  no  jurisdiction  to  determine  the 
validity  of  district  organization 115 

DISCRETION— 

Abuse  of.  Is  not  established  by  evidence  showing  that  a  different 
action  on  the  part  of  the  board  would  have  been  preferred  by 
electors . .  J 115 

DISCRETIONARY  ACTS— 

The  county  superintendent  having  only  appellate  jurisdiction, 
should  not  reverse  discretionary  acts  of  the  board,  without  ex- 
plicit and  clearly  stated  proof  of  the  abuse  of  such  discretion, 
even  though  not  fully  approving  their  action 35 

Discretionary  acts  may  be  reversed  Dn  appeal,  but  should  not  be 
disturbed  except  upon  evidence  of  unjust  exercise  or  abuse 41 

Since  the  board  have  original  jurisdiction,  their  discretionary  acts 
should  not  be  interfered  with  by  an  appellate  tribunal,  although 
not  agreeing  with  their  judgment,  unless  they  violated  law, 
showed  prejudice  or  malice,  or  abused  their  discretion  in  such  a 
manner  as  to  require  interference 100 


INDEX  149 

PAGE 

DISCRETIONARY  ACTS— CONTINUED— 

In  the  absence  of  proof  that  the  board  abused  the  authority  given 
them  by  the  law,  their  orders  will  not  be  set  aside,  although 
another  decision  might  to  many  seem  preferable 135 

DISTRICT— 

Validity  of  Organization.  The  county  superintendent  has  no  juris- 
diction to  determine  the  validity  of  district  organization 115 

DISTRICT  TOWNSHIP— 

Should  not  ordinarily  contain  more  than  nine  subdistricts 43 

ELECTION— 

Evidence  of.  The  certificate  of  the  officers  of  the  annual  subdistrict 
meeting  is  the  legal  evidence  of  election  as  subdirector,  and  as  a 
general  rule  the  board  are  justified  in  declining  to  recognize  a 
person  as  a  member  of  the  board  until  he  produces  such  certifi- 
cate   51 

Contested.  The  proper  method  of  determining  a  contested  election 
for  school  director,  is  by  an  action  brought  in  the  district  court.  51 

EVIDENCE- 

Parol.    Cannot  be  received  in  the  absence  of  allegations  of  fraud,  to 

contradict  or  impeach  the  validity  of  school  district  records. ...    46 
Where  the  law  requires  the  evidence  of   a  transaction  to  be  in 
writing,  oral  evidence  can  be  substituted  for  it  only  when  the 

writing  cannot  be  produced  —  — 51 

Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even 

if  irrelevant  testimony  is  occasionally  admitted 85 

New.  New  evidence  can  be  introduced  only  when  the  facts  materi- 
ally affecting  the  case  could  not  have  been  known  before  the 

trial 93 

To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive 
evidence  must  be  introduced  110 

EXPLANATORY  NOTES— 

Force  of.  Notes  to  the  school  law,  while  proper  aids  to  school  offi- 
cers, have  not  the  binding  force  of  law,  and  a  non-compliance 
with  them  is  not  necessarily  a  violation  of  law 33 

EXPULSION- 

Suspension  or  expulsion.  Suspension  or  expulsion  of  a  scholar  in  an 
independent  district  requires  the  action  of  the  board  by  a  major- 
ity, and  the  concurrence  of  the  president 103 

HIGHWAY- 

Since  the  law  requires  a  school- house  site  to  be  located  on  a  public 
highway,  such  public  highway  must  be  fully  established  by  law 
before  the  location  can  be  made 96 


15Q  INDEX. 

PAGE 

JANITORIAL  SERVICES— 

If  a  teacher  serves  as  janitor  in  sweeping  the  room  and  building 
fires,  he  should  be  paid  from  the  contingent  fund  for  such  ser- 
vices  106 

JURISDICTION— 

The  superintendent's  jurisdiction  on  appeal  is  not  greater  than  that 
of  the  board  from  whose  action  the  appeal  is  taken 24 

The  county  superintendent  has  no  jurisdiction  of  an  appeal  until 
an  affidavit  is  filed , 41 

An  application  for  an  appeal  filed  within  thirty  days  from  the  act 
of  the  board  complained  of,  will  not  give  the  county  superin- 
tendent jurisdiction  of  the  case.  The  appeal  must  be  taken  by 
affidavit 53 

The  county  superintendent  has  no  jurisdiction  of  cases  involving 
a  money  demand 57 

In  cases  involving  the  validity  of  district  organization  no  appeal 
will  lie.  The  remedy  is  a  writ  in  the  nature  of  quo  warranto —  91 

The  county  superintendent  has  no  jurisdiction  to  determine  the 
validity  of  district  organization .' 115 

LOCAT10N- 

Of  school-house  site.  May  be  within  less  than  forty  rods,  when  ob- 
tained by  purchase 123 

When  purchased,  the  provisions  of  section  1825  do  not  apply.  The 
district  stands  in  the  same  relation  to  the  public  and  to  individ- 
uals, in  ,this  respect,  as  do  other  corporations,  and  may  pur- 
chase and  convey  real  estate  accordingly 135 

NEW  EVIDENCE- 
NOW  evidence  can  be  introduced  only  when  the  facts  materially 
affecting  the  case  could  not  have  been  known  before  the  trial 93 

NOTICE- 

The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  both  the  affidavit  and  transcript  of  the  district  secretary 
have  been  filed  in  his  office 41 

The  want  of  notice  is  waived  by  the  voluntary  appearance  of  the 
party  for  any  purpose  connected  with  the  case 55 

OPINIONS- 

Unsupported  by  facts,  cannot  be  received  as  satisfactory  evidence 
of  prejudice 29 

PRIVILEGES— 

School  privileges  are  determined  by  the  residence  of  the  child  .  . .  113 

PROCEEDINGS- 

In  the  absence  of  proof  to  the  contrary,  the  legal  presumption  is 
that  the  proceedings  before  the  county  superintendent  were  en- 
tirely regular 33 


INDEX. 

PAGE 

PUNISHMENT— 

The  punishment  of  a  pupil  with  undue  severity,  or  with  an  im- 
proper instrument  is  unwarrantable,  and  may  serve,  in  some 

degree,  to  indicate  the  animus  of  the  teacher 68 

Bight  to  inflict  upon  pupils.  The  right  of  the  parent  to  restrain  and 
coerce  obedience  in  children  applies  equally  to  the  teacher,  or  to 

any  one  who  acts  in  loco  parentis 69 

The  use  of  the  rod  is  allowable  as  a  last  resort 102 

QUO  WARRANTO— 

In  cases  involving  the  validity  of  district  organization  no  appeal 
will  lie.  The  remedy  is  a  writ  in  the  nature  of  quo  warranto. ...  91 

The  only  proper  means  of  affirming  the  right  to  exercise  the  privi- 
lege of  an  office,  or  to  contest  the  illegal  exercise  of  the  same,  is 
set  forth  in  sections  3345-3352,  Code  of  1873 95 

RECORDS— 

Defective.    May  be  amended 21 

The  board  may  at  any  time  amend  the  record  of  the  district,  when 
necessary  to  correct  mistakes  or  supply  omissions;  and  may, 
upon  proper  showing,  be  compelled,  by  mandamus,  to  make  such 
corrections 46 

The  record  of  the  secretary  must  be  considered  as  evidence,  unless 
there  is  proof  of  fraud  or  falsehood 103 

The  record  of  the  secretary  should  be  considered  as  evidence,  and 
not  be  invalidated  by  parol  evidence  unless  there  is  proof  of 

fraud  or  falsehood 108 

Impeachment  of .  Parol  evidence  cannot  be  admitted  in  impeach- 
ment of  a  record  if  made  and  certified  to  by  the  proper  officers 
as  required  by  law 120 

Not  so  made  and  certified  to  is  defective  and  may  be  impeached 
by  collateral  evidence 120 

REHEARING- 

The  county  superintendent  may,  for  gufficjent  cause,  grant  a  re- 
hearing    73 

To  warrant  a  rehearing,  some  valid  reason  must  be  urged 141 

REMANDING  OF  CASES- 

When  evidence  discloses  that  the  action  of  the  board  was  an  un- 
wise one,  and  the  facts  are  not  sufficiently  shown  to  determine 
what  should  be  done,  the  case  should  be  remanded  to  the  board.  93 

REVOCATION  OF  TEACHER'S  CERTIFICATE— 

The  order  of  a  county  superintendent  revoking  a  certificate  will 
not  be  interfered  with  on  appeal,  unless  it  appears  that  he  acted 

from  passion  or  prejudice 29 

Opinions  unsupported  by  facts  cannot  be  received  as  satisfactory 
evidence  of  prejudice 29 


152 


INDEX. 


REVOCATION  OF  TEACHER'S  CERTIFICATE— CONTINUED— 
A  teacher's  certificate  can  be  legally  revoked  only  upon  proof  of 
charges  of  which  he  has  had  personal  notice,  and  against  which 

he  has  had  the  opportunity  to  make  his  defense 62 

A  person  addicted  to  the  use  of  intoxicating  liquors  who  even  oc- 
casionally becomes  intoxicated  is  not  likely  to  promote  correct 
moral  teaching  in  the  public  schools  by  his  example,  nor  to  pos- 
sess such  moral  character  as  to  entitle  him  to  a  teacher's  certifi- 
cate   62 

A  certificate  which  has  expired  by  limitation  cannot  be  revoked. .  102 

RULES  AND  REGULATIONS- 

The  power  to  prescribe  rules  and  regulations  for  the  government 
of  the  board  is  not  a  function  of  the  electors.  A  rule  adopted 
by  the  board,  and  not  a  provision  of  law,  may  be  modified  at  the 
option  of  the  board 64 

Boards  of  directors  and  their  agents,  the  teachers,  may  establish 
reasonable  rules  for  the  government  of  schools  and  the  control 
of  pupils 69 

The  teacher  has  the  right  to  require  a  pupil  to  answer  questions 
which  tend  to  elicit  facts  concerning  his  conduct  in  school 69 

The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment 
in  the  school  or  to  degrade  the  teacher 69 

Open  violation  of  the  rules  of  .the  school  cannot  be  shielded  from 
investigation  under  the  plea  that  it  invades  the  rights  of  con- 
science    69 

In  establishing  and  enforcing  regulations  for  the  government  of 
scholars,  the  board  have  a  large  discretion 130 

SCHOOLS- 

Every  person  between  the  ages  of  five  and  twenty-one  years  has 
the  right  to  attend  school  in  the  district  in  which  he  resides,  re- 
gardless to  considerations  relating  to  race,  nationality,  the  hold- 
ing of  property,  or  the  payment  of  taxes 75 

The  payment  of  school  taxes  does  not  entitle  non-residents  to 
school  privileges 75 

The  board  have  authority  to  determine  when,  and  upon  what 
terms,  non-resident  pupils  may  attend  the  schools  of  their  dis- 
trict   75 

SCHOOL  FUNDS- 

Disbursement  of.  The  treasurer  is  the  proper  custodian  of  all  funds 
belonging  to  the  district,  and  can  legally  pay  them  out  only  upon 
orders  specifying  the  fund  on  which  they  are  drawn  and  the 
specific  use  to  which  they  are  applied.  The  board  cannot  author- 
ize the  subdirector  to  use  the  public  funds  for  any  purpose 60 

SCHOOL-HOUSE— 

Power  of  the  board  to  build.  If  in  their  judgment  the  wants  of  a 
subdistrict  require,  the  board  are  empowered  to  erect  a  school- 
house  without  action  on  the  part  of  the  electors  of  the  subdis- 
trict..,    22 


INDEX.  153 

PAGE 

SCHOOL-HOUSE— CONTINUED— 

Removal  of.  A  vote  of  the  electors  of  a  subdistrict  to  remove  a 
school-house,  will  not  compel  the  board  to  act  affirmatively  in 
relation  thereto 53 

Removal  of.  The  removal  of  an  old  house  away  from  the  geograph- 
ical center  and  away  from  the  center  of  population,  without 
special  and  strong  reasons  therefor,  is  an  abuse  of  the  discre- 
tionary power  of  the  board 133 

SCHOOL-HOUSE  SITE— 

The  board  though  not  bound  by  a  vote  of  the  electors  directing 
the  precise  location  of  a  school- house  site,  are  required  to  so 

locate  it  as  to  accommodate  the  people  for  whom  designed 78 

If  in  the  selection  of  a  site,  the  board  violate  law  or  abuse  their 
discretionary  power  their  action  may  be  reversed  on  appeal 78 

Location  of.  The  action  of  a  committee  appointed  by  the  board  to 
locate  a  site  is  of  no  force  until  officially  adopted  by  the  board 
while  in  session 80 

Subdistrict  boundaries  cannot  be  changed  upon  an  appeal  relating 
solely  to  the  location  of  a  site,  nor  can  a  site  be  located  with  the 
expectation  that  boundaries  will  be  changed,  unless  such  is 

shown  to  be  the  intention  of  the  board 80 

A  site  located  by  the  county  superintendent  cannot  be  changed  by 
the  board,  while  the  condition  of  the  district  remains  without 
material  change 84 

The  prospective  wants  of  a  subdistrict  may  properly  have  weight 
in  determining  the  selection  of  a  site,  when  such  selection  be- 
comes necessary;  but  not  in  securing  the  removal  of  a  school- 
house,  conveniently  located  for  the  present 90 

To  make  a  distinction  between  the  children  of  freeholders  and 
those  of  tenants  in  determining  the  proper  location  for  a  school- 
house,  is  contrary  to  the  spirit  and  intent  of  our  laws 90 

Location  of.  The  necessities  of  the  present  must  be  observed  in  lo- 
cating school-house  sites,  in  preference  to  the  probabilities  of 
the  future 93 

Location  of.  The  location  of  a  school-house  can  be  dependent  upon 
a  change  of  boundaries,  only  when  it  is  shown  in  evidence  that 
it  is  the  intention  to  make  such  change 98 

The  choice  of  a  school- house  site  by  the  electors  has  no  binding 
force 100 

A  school-house  site  fixed  by  county  or  state  superintendent  affirm- 
ing the  discretionary  act  of  the  board,  allows  the  board  to  exer- 
cise their  discretion  again,  especially  if  material  changes  have 
occurred 104 

Proper  location  of  school-house  sites  depends  upon  the  form  of  dis- 
tricts   Ill 

20 


154  INDEX. 

SCHOOL-HOUSE  SITE-CONTINUED- 

A  vote  of  the  electors  to  select  the  precise  location  of  a  school- 
house  is  not  mandatory  on  the  board 117 

Location  of.    Must  be  selected  with  reference  to  convenience  of  the 

people 117 

When  purchased  by  board,  not  subject  to  the  provisions  of  section 

1825 123 

Location  of.  The  condition  of  matters  within  the  subdistrict  should 
govern  the  location  of  the  house.  The  attendance  of  parties 
from  an  adjoining  subdistrict  should  not  determine  change  of 

site ...  127 

Location  of.  A  village  in  a  subdistrict  has  special  claims  favoring 
the  selection  of  a  site  within  its  limits.  The  element  of  dis- 
tance to  be  traveled  by  some  is  largely  overcome  by  the  advan- 
tages of  a  location  in  the  town 132 

Location  of.  When  .purchased,  the  provisions  of  section  1825  do 
not  apply.  The  district  stands  in  the  same  relation  to  the  pub- 
lic and  to  individuals,  in  this  respect,  as  do  other  corporations, 

and  may  purchase  and  convey  real  estate  accordingly 135 

Relocation  of.  When  it  the  evident  intention  of  the  board  to  relo- 
cate the  site  as  near  as  possible  in  the  center  of  the  subdistrict 
in  orner  to  furnish  equal  school  facilities  to  all  the  residents, 

their  action  should  not  be  materially  interfered  with 141 

SCHOOL-HOUSE  TAX- 

Where  it  has  been  the  uniform  custom  to  apportion  the  school- 
house  tax  among  the  several  subdistricts,  the  board  are  not  gov- 
erned by  a  vote  of  the  electors  instructing  them  to  levy  the  tax 

directly  upon  the  property  of  a  subdistrict 25 

All  taxes  voted  by  the  district  township  meeting  must  be  appor- 
tioned among  the  subdistricts.  All  taxes  voted  by  the  subdis- 
trict meeting  which  the  district  township  neglects  or  refuses  to 
grant,  must  be  certified  and  levied  upon  the  subdistrict.  The 
board  have  no  option  but  to  obey  the  requirements  of  the  law. .  72 
SCHOOL  ORDERS- 

When  improperly  issued  by  the  board  the  proper  remedy  is  an  in- 
junction from  the  civil  courts — '. 57 

SCHOOL  PRIVILEGES- 

A.re  determined  by  the  residence  of  the  child 113 

SUBDISTRICTS- 

Size  of.  It  is  better  to  have  large  subdistricts  with  good  school- 
houses  well  furnished,  than  small  subdistricts  with  small  and 

poorly  furnished  school-houses 17 

Size  of.  There  are  serious  objections  to  the  formation  of  small  sub- 
districts 43 

The  practice  of  cutting  .district  townships  into  numerous  subdis- 
tricts of  small  size,  is  detrimental  to  the  educational  progress  of 
the  state,  and  will  not  be  sustained  on  appeal 55 


INDEX.  155 

PAGE 

S  UBDISTRICTS— CONTINUED— 

A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 
public  fund , 60 

Other  things  being  equal,  both  territory  and  school  population 
should  be  about  equally  divided  among  the  subdistricts  of  a  dis- 
trict township  76 

One  subdistrict  should  not  ordinarily  have  an  excess  over  the  aver- 
age subdistrict  of  the  district  township  both  in  territory  and 
school  population,  nor  should  it  lack  in  both 76 

Farm  of.  It  is  very  important  that  subdistricts  should  be  regular 
in  form,  and  where  it  is  possible,  school-houses  should  be  lo- 
cated at  or  near  geographical  centers 127 

The  board  may  not  redistrict  so  as  to  abolish  a  subdistrict,  with 
intent  to  prevent  the  building  of  a  house  provided  for  by  the 
electors 129 

SUBDISTKICT  BOUNDABIES— 

Change  of.  In  changing  subdistrict  boundaries,  both"  the  present 
and  the  future  welfare  of  the  district  should  be  considered 17 

Change  of.  The  county  superintendent  may,  on  appeal,  redistrict. 
A  refusal  by  the  board  to  act  upon  a  petition  to  redistrict  is  an 
act  from  which  an  appeal  will  lie '. .  26 

Change  of.  The  acts  of  a  board  changing  subdistrict  boundaries  and 
locating  school-houses  are  so  far  discretionary  that  they  should 
be  affirmed  on  appeal,  unless  it  is  shown  that  there  has  been  an 
abuse  of  discretion 35 

Change  of.  At  the  hearing  of  an  appeal  before  the  county  superin- 
tendent, it  is  competent  for  him,  upon  his  own  motion,  to  call 

additional  witnesses  to  give  testimony 46 

Subdistrict  boundaries  can  be  changed  only  by  affirmative  vote  of 

a  majority  of  all  the  members  of  the  board 67 

The  boundaries  of  subdistricts  must  conform  to  the  lines  of  con- 
gressional divisions  of  land Ill 

Change  of.  A  subdistrict  long  established,  embracing  a  territory 
having  a  sufficient  number  of  scholars  to  maintain  a  good  school, 
should  not  be  abolished,  unless  the  general  school  facilities  of 
the  township  will  be  improved  thereby 139 

Change  of.  A  case  involving  a  change  of  subdistrict  boundaries, 
having  been  adjudicated  by  the  county  superintendent,  revers- 
ing the  action  of  the  board,  and  being  affirmed  by  the  superin- 
tendent of  public  instruction,  cannot  again  be  brought  upon 
appeal,  unless  it  can  be  shown  that  some  change  materially  af- 
fecting the  conditions  of  the  case  has  taken  place  since  the  date 
of  the  former  decision 139 


156  INDEX. 

SUPERINTENDENT— 

The  superintendent's  jurisdiction  on  appeal  is  not  greater  than 
that  of  the  board  from  whose  action  the  appeal  is  taken 24 

The  county  superintendent,  having  only  appellate  jurisdiction, 
should  not  reverse  discretionary  acts  of  the  board,  without  ex- 
plicit and  clearly  stated  proof  of  the  abuse  of  such  discretion, 
.  even  though  not  fully  approving  their  action 35 

The  county  superintendent  should  not  reverse  an  action  of  the 
board  which  is  in  accordance  with  instructions  of  the  superin- 
tendent of  public  instruction 43 

SUSPENSION  OR  EXPULSION- 

Suspension  or  expulsion  of  a  scholar  in  an  independent  district  re- 
quires the  action  of  the  board  by  a  majority,  and  the  concurrence 
of  the  president .....:....  103 

TAXES— 

School-house.  Where  it  has  been  the  uniform  custom  to  apportion  the 
school-house  tax  among  the  several  subdistricts,  the  board  are 
not  governed  by  a  vote  of  the  electors  instructing  them  to  levy 

the  tax  directly  upon  the  property  of  a  subdistrict 25- 

Must  be  certified  in  accordance  with  vote  of  the  electors 117 

Must  be  certified,  collected  and  expended,  in  accordance  with  vote 
of  the  electors. . . , 129 

TEAOHERS- 

Right  of,  to  inflict  punishment  upon  their  pupils.  A  school-master  who 
stands  in  loco  parentis  may,  in  proper  cases,  inflict  moderate  and 
reasonable  chastisement.  The  law  confides  to  teachers  a  discre- 
tionary power  in  the  infliction  of  punishment  upon  their  pupils, 
and  wi)l  not  hold  them  responsible  criminally,  unless  the  punish- 
ment be  such  as  to  occasion  permanent  injury  to  the  child,  or  be 
inflicted  merely  to  gratify  their  own  evil  passions 18 

When  a  teacher  is  dismissed,  in  violation  of  his  contract,  an  action 
in  the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy 
and  adequate  remedy;  when  discharged  for  incompetency,  dere- 
liction of  duty,  or  other  cause  affecting  his  qualifications  as  a 
teacher,  he  has  the  right  of  appeal 87 

The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 
director  and  board  in  all  matters  pertaining  to  the  conduct  and 
welfare  of  the  school 87 

The  law  provides  that  a  teacher  shall  have  a  fair  and  impartial 
trial,  with  sufficient  notice  to  enable  him  to  rebut,  the  charges  of 
his  accusers..  .  120 


INDEX.  157 

PAGE 

TERRITOKY- 

Transfer  of.  Where  territory  is  to  be  transferred  by  concurrent  ac- 
tion of  two  boards  to  the  district  to  which  it  geographically  be- 
longed, a  majority  of  the  members  elect  is  not  necessary,  as 
required  for  the  change  of  subdistrict  boundaries 108 

TUITION— 

Collection  of  tuition  under  section  1793  cannot  be  done  by  appeal 
to  the  county  superintendent,  but  must  be  settled  through  the 
courts . .  .  .  107 


YC  53872 


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